The company “MAISON SENSEY” (hereinafter referred to as “the Merchant”) publishes a website accessible at “https://maisonsensey.com” through which it offers an electronic marketplace whose purpose is to bring together Customers and Artists-Designers to enable the sale of Products.
It is reminded that under no circumstances can the Merchant be considered as the seller of the Products purchased through the Shop and that only the Artist-Designer, whose identity is indicated on the Product Sheet, is the Customer’s co-contractor for the sale of the Products.
However, the Merchant ensures, in the name and on behalf of the Artist-Designer, the management of the Orders, the handling of any disputes and possible complaints, as well as the follow-up of deliveries and possible returns. Thus, the Merchant remains the sole interlocutor of the Customer, at all stages of his Order until the delivery of the Product.
These General Terms and Conditions of Sale govern all relations relating to the order and delivery of Products between the Customer on the one hand, and the Artist-Designer and the Merchant on the other hand. They define the rights and obligations of the Parties in the context of the sale of Products. Any condition to the contrary opposed by the Customer will, therefore, be unenforceable against the Merchant and/or the Artist-Designer, regardless of when it may have been brought to his attention. The fact that the Merchant does not avail himself at a given time of any of these general conditions of sale cannot be interpreted as a waiver of the right to avail himself of any of the said conditions at a later date.
Article 1. Definitions
For the execution of the present general conditions of sale, the terms and expressions written with a capital letter are understood as follows:
“The GTCS”: refers to the present general terms and conditions of sale. The opposable GTCS are those in force on the Shop on the date the Customer issues the Order. They are valid for the time required to provide the Service, until the expiry of their guarantees.
“The Shop”: refers to the electronic marketplace accessible via the link ‘https://maisonsensey.com’ whose purpose is to put Customers in contact with Artists-Designers with a view to order Products.
“The Service”: refers to the intermediation and electronic marketplace service offered by the company “MAISON SENSEY” for the benefit of the Customer.
The “Artist-Designer”: means any legal or natural person, working in particular in the field of styling, creation and artistic design of fashion, clothing and ready-to-wear articles, decorative objects, artistic photographs, objets d’art, jewellery and fine jewellery, and having developed a range of products for which he supervises or ensures himself the preparation and storage, intended for retail sale.
“The Merchant”: refers to the company “MAISON SENSEY”, a simplified joint stock company with a capital of 80,000.00 euros, registered in the PARIS Trade and Companies Register under the number 853 579 266, having its registered office at 10 rue de la Paix – 75002 PARIS.
“The Products”: shall designate the products sold via the website accessible via the URL “https://maisonsensey.com”, notably fashion, clothing and ready-to-wear items, decorative objects, artistic photographs, objets d’art, jewellery and fine jewellery.
“The Order”: refers to any purchase offer made by a Customer through the intermediary of the Shop to an Artist-Designer. Any purchase bid made by a Customer consisting of Products supplied by several Artists-Designers shall give rise to the formation of a separate sales contract with each of the Artists-Designers and thus to several Orders. These sales contracts, corresponding to several Orders, will require as much validation as the number of Artists-Designers requested.
“The Shopping Cart”: shall designate the space in the Shop on which the Order(s) placed by the Customer are summarised, detailing the Product(s) ordered and their essential characteristics, their price(s) and the applicable delivery charges, as well as the delivery terms and conditions.
“The ‘Product Information Sheet'” shall designate the location on the Shop where all information communicated by the Artist-Designer and pertaining to the Products shall be stored, notably information pertaining to the essential characteristics and composition of the Products.
“The Customer”: refers to any natural person, aged at least 18 years old or having the authorisation of the authorised person on the date of validation of his Order, or any legal entity acting as a consumer, i.e. for purposes that do not fall within the scope of its commercial, industrial, craft or liberal activity.
Article 2. Purpose and Scope of these General Terms and Conditions
All registrations and Orders placed through the Shop imply the Customer’s acceptance, without restriction or reservation, of these GTCS, which prevail over any other document distributed by the Merchant and/or the Artist-Designer on his website or on any other medium.
The Customer acknowledges having received all necessary information enabling him to take the measure of the whole offer proposed by the Merchant and the Artists-Designers and of the resulting consequences. He expressly declares that he accepts them. The General Terms and Conditions of Sale are available at any time in the Shop. As the GTCS are subject to change at any time by the Merchant, it is necessary for the Customer to refer to them and expressly accept them for each Order.
Failure by the Customer to comply with the obligations subscribed to under the terms of these GTCS may result in the suspension of access to the Shop, or even the deletion of his account depending on the degree of seriousness of the actions in question, without prejudice to any damages that the Merchant and/or the Artists-Designers may request.
Article 3 – Customer Account
3.1 Creating an account
To place an Order, the Customer must create an account on the Shop, by providing a valid email address and a password. The supply of certain personal data concerning the Customer is mandatory for the creation of the account and the placing of an Order, notably a postal address to which the delivery can be made during working hours.
In particular, the Customer must communicate the following information, as an indication but not limited to: title, first name, surname, telephone number, e-mail address, exact delivery address.
This information is necessary for the management of the Orders and for the commercial relationship between the Merchant, the Artist-Designer and the Customer. Consequently, failure to provide the requested information prevents the conclusion of a sales contract.
The Customer undertakes to provide true and sincere information and to inform the Merchant without delay of any changes concerning them.
Neither the Merchant nor the Artist-Designer can be held responsible for any errors in entering personal information concerning the Customer and for the consequences that may result from this such as a delay and/or a delivery error. In this context, all costs incurred for the reshipment of the Order shall be entirely borne by the Customer.
3.2 Use of the account
The Customer guarantees that he is fully entitled to use the means of payment for the payment of his Order and that these means of payment provide access to sufficient funds to cover all costs resulting from the use of the Service.
By clicking on the “Validate and pay” button during the Order process, and after having checked the contents of the Order in his Shopping Cart and, where applicable, having modified it, the Customer declares that he fully and unreservedly accepts all of these GTCS.
After confirming the content of his Order, the Customer will validate it definitively by his payment order. The Order shall only be final and taken into account as from the prepayment of the corresponding price.
The Customer is informed that each purchase order placed with an Artist-Designer corresponds to a standalone Order, even if the Shopping Cart is composed of several Products ordered from several Artists-Designers.
Thus, in the event of cancellation of an Order comprising the Shopping Cart by an Artist-Designer, the other Orders shall remain valid subject to their acceptance by the other Artists-Designers.
Products that are part of an Order that has not been accepted by the Artist-Designer will not be invoiced.
Article 4 – Characteristics of Products and Prices
4.1 Product Information Sheet
Each Product offered for sale through the Shop is described on a Product Information Sheet dedicated to it.
The Product Information Sheet contains the following information in particular:
- The name of the Artist-Designer offering the Product;
- The description of the Product, its essential characteristics;
- In the case of a textile: the percentage of the different textile fibres composing it as well as its size;
- In the case of an article of jewellery: naming of materials and products, possible treatments and lapidary practices;
- The price of the Product;
- The availability of the Product.
The identity of each Artist-Designer can be consulted on the specific form corresponding to him accessible from the Shop.
4.2 Consultation of Product characteristics
The Merchant presents on the Shop the Products offered by the Artists-Designers as well as their detailed descriptions allowing the Customer to know, before the final order is taken, their essential characteristics.
Photographs of the Products are provided for information purposes only, and do not fall within the scope of the contract unless they are very precise and relate to essential elements. Moreover, minor variations between the photograph and the delivered Product cannot be reproached to the Merchant and/or the Artists-Designers insofar as they do not concern the essential elements of the Products concerned.
The Customer is informed that the Products sold on the Shop may present slight variations in colour and format between the photographs in the catalogue and the final Product. The Customer waives any claim in this respect, as long as the Product sufficiently conforms to the description made in the Product Sheet, particularly in terms of composition.
The Customer acknowledges having read, at the time the order is placed, any special conditions of sale set out on the screen and expressly declares that he accepts them without reservation.
4.3 Product Availability
The Artists-Designers and the Merchant shall make every effort to ensure the availability of the entire range of Products offered.
However, as the Products are products that can be manufactured on demand by the Artists-Designers, their availability is not guaranteed.
Indeed, the Artist-Designer may refuse to honour his Order for reasons of unavailability that may result from a situation where the raw materials are out of stock, an unusual overload of corresponding work, occasional understaffing, malfunctioning of the means of production, etc.
In the event of unavailability of a Product, the Customer will be informed either by mentioning it on the Shop, or after validation of the Order and prepayment of the corresponding price.
The price of each Product is indicated in euros including Value-Added Tax. The costs of delivery of the Products are recalled at the time of placing the Order and prepayment of the price.
The prices indicated are those applicable on the Shop and are not opposable to purchases made in the shops or other websites of the Artists-Designers.
The Customer is not automatically debited with the sums corresponding to the invoice amount of his Order. The Order is effectively validated and the Customer is debited at the time of acceptance of the Order by the Artist(s)-Designer(s) concerned.
The Merchant shall be responsible for transferring the sums to the various Artists-Designers by application of the contractual provisions applying between them.
Article 5 – Order
5.1 Conclusion of the sales contract
The sales contract is concluded between the Artist-Designer and the Customer, the Merchant not being a party to this contract and acting only as host of the Shop and as a sales intermediary in the relationship between the Artists-Designers and the Customer.
The Artists-Designers reserve the right to refuse an Order for legitimate reasons, in particular in the event of unavailability of the Product(s) ordered. The Merchant and/or the Artist-Designer(s) cannot be held responsible for this.
5.2 Independence of the Orders
The validation of the Order by the Artist-Designer(s) formalises the conclusion of the distance selling contract(s) with the Artist-Designer(s). Any purchase bid made by a Customer consisting of Products from several Artists-Designers shall give rise to the formation of a separate sales contract with each of the Artists-Designers, requiring several validations.
The Customer is thus informed that each of the Orders he places is only firm and definitive once it has been accepted and validated by the Artist-Designer concerned.
In the event that the Customer makes a purchase bid on several Products from several Artists-Designers, each of these offers will be identified by an order number and will be independent from the other Orders in the Shopping Cart.
Thus, in the event that an Artist-Designer refuses an Order making up the Shopping Cart, the other Orders will remain valid and enforceable against the Customer, who will then be held liable for the entirety of his payment obligations for the Orders accepted.
However, if a Product making up an Order with a single Artist-Designer is unavailable, the Customer will have the possibility to cancel the entire Order in question (but not any other Orders placed with other Artists-Designers).
The Customer may not oppose to the Merchant the fact that his offer to purchase the Products is indivisible and must necessarily relate to all the Products placed in the Shopping Cart. The Customer is informed of the possibility of receiving only a partial delivery of all the Products ordered, the price being adapted and corrected following the acceptance and/or refusal formulated by each of the Artists-Designers concerned.
5.3 Steps for each Order
The process for ordering a Product through the Shop is as follows:
Order from the Customer, under the conditions provided for in Article 5.4 of the GTCS;
Prepayment of the Order by the Customer;
Registration of the Order by the Merchant;
Transmission of the Order by the Merchant to the Artist-Designer concerned;
Acceptance of the Order or refusal by the Artist-Designer concerned;
If the Order is refused: the Order is then cancelled and the Customer is immediately reimbursed by the Merchant, at the
end of the Artist-Designer’s validation period;
If the Order is accepted: the Order is final and any cancellation is impossible.
Preparation of the Order by the Artist-Designer;
Delivery of the package by the Artist-Designer to the carrier;
Delivery of the Product to the Customer.
5.4 Placing an Order
To place an Order, the Customer must follow the online ordering procedure by following the steps described on the Shop, in particular:
- add in his Shopping Cart the Product(s) he wishes to order;
- check the details of his Order(s) and the total price including delivery costs, and make any necessary changes before validating the Shopping Cart;
- identify yourself with your account credentials or create a personal account;
- determine the place of delivery of the Order;
- to take note of the summary of his Order(s) and to proceed, if necessary, to modifications;
- accept the GTCS by ticking the corresponding box;
- prepay his order(s).
At the end of these steps:
- an automatic email will be sent to the Customer confirming that the Order has been registered;
- the Merchant will inform the Artist-Designer(s) of the Order(s) made by the Customer. Each of the Artists-Designers requested will then have the possibility not to confirm the Order which concerns him in case of unavailability of the Products or of a case which does not allow him to carry out the order made by the Customer, such as for example the stock shortage, the non-functioning of the tools necessary for the manufacture of the ordered Products or the lack of raw materials;
- the Customer will be informed by e-mail of the Merchant of the confirmation of the Order or the cancellation of the Order and the reasons for the cancellation if applicable;
- after shipment of the Products ordered by the Customer, the Customer will be informed by e-mail from the Merchant of the dispatch of the Order and the expected delivery date.
The Customer therefore declares that the simple fact of adding a Product to the Shopping Cart does not constitute definitive validation of the Order.
The Merchant may ask the Customer for proof of identity and domicile, or even contact him by telephone before validating the Order. In this case, the Order shall only be recorded as of the reception and validation of this information. The delivery time of the Order may be influenced by any delay in the transmission of this information. In case of failure to provide the information, the Merchant reserves the right to cancel the Order.
In the absence of proof to the contrary provided by the Customer, the Merchant’s automatic registration systems shall be considered as proof of the nature, content and date of the sales contract.
Once the Order has been validated, no modification is possible.
Information relating to any operation carried out using the Customer’s identifier will be stored and archived by the Merchant in compliance with current French legislation.
Article 6 – Payment
6.1 Payment system
All the data provided and the recorded confirmation will serve as proof of the transaction. Payment is made by credit card via the secure Stripe system, for which the Customer is invited to consult the Terms and Conditions on this page: https://stripe.com/fr/legal.
By agreeing to these General Terms and Conditions of Use, the Customer agrees to be bound by the Stripe General Terms and Conditions of Use, which may occasionally be modified by Stripe.
6.2 Service Price
The use of the Service by the Customer is free of charge, the latter being only responsible for the payment of the Products and the corresponding delivery costs. The Merchant acts as a trusted third party and invoices and collects the price of the Products in the name and on behalf of the Artist(s).
6.3 Failure to pay
The Customer guarantees to the Artist-Designer that the means of payment used is valid and is not the result of a fraudulent operation.
In the event of an Order that has not been paid for in full or in part by the Customer, the Artist-Designer undertakes to inform the Customer of this by e-mail and to ask the Customer to remedy the situation.
In the absence of an answer or solution before the delivery date of the Order, the Artist-Designer may refuse to make a delivery, refuse to honour an Order, or even cancel all current Orders. The Merchant may suspend the Customer’s account.
Moreover, the Merchant is authorized to suspend any order or delivery in case of refusal of payment authorization from financial institutions.
6.4 Securing means of payment
All banking transactions are carried out on the Shop in a perfectly secure manner. The information communicated when placing the order (card number and validity date) will not be stored on the Merchant’s servers.
The invoice is drawn up for each shipment by the Merchant in the name and on behalf of the Artist-Designer. The invoice includes the Artist-Designer’s legal identification details, his business address, his SIRET number, his intra-community VAT number and more generally all the details that must legally appear on invoices. The invoice is sent exclusively by e-mail or available in digital format on the Shop.
Article 7 – Delivery
7.1 Preparation and routing of Products
The packages are prepared and packaged by the Artists-Designers, under their responsibility, in a closed, resistant packaging, appropriate to the contents and transport requirements.
The method of delivery is indicated to the Customer in the Order confirmation.
The Customer is responsible for the information relating to the name and address of the recipient, which must be precise, accurate and complete (door code, floor, telephone, etc.) to enable delivery to be made under normal conditions. The Merchant and/or the Artists-Designers cannot be held responsible for a return delivery due to an error of address or an impossibility to deliver to the address indicated.
Orders indicating a P.O. Box address cannot be taken into account.
It is up to the recipient of the Order to check the package in the presence of the carrier. Any anomaly at the time of delivery must be indicated on the delivery note. Without the respect of this clause, no refund procedure with the chosen carrier can be initiated.
The countries that can be delivered via the Shop are the countries of the Euro zone, the United Kingdom, and Switzerland. For logistical reasons, the French Overseas Departments and Territories are not delivered by the online shop.
The Merchant cannot be held responsible if the product has not been delivered for the following reasons: force majeure as defined by the courts and natural disasters.
7.2 Delivery times
Delivery times depend on the destination country and the delivery method.
The delivery times indicated on the Shop are indicative, corresponding to the average processing and delivery times. Delivery times take into account the preparation time in the Artist-Designer’s workshops as well as the delivery time of the carrier.
As an indication, the usual time limits are as follows:
In case of delivery by Colissimo:
- Preparation time: 1 to 5 working days for any order received before 1:00 pm
- Delivery time: 2 to 15 working days
- Total delivery time from the date of order confirmation: 3 to 15 working days.
The Order is left directly in the recipient’s mailbox if its dimensions allow it. Otherwise, a notice of readiness is left in the mailbox to inform the recipient of the address for withdrawing his order.
In the event of the absence or inaccessibility of a mailbox at the delivery address indicated, the Order shall be left at the collection point and shall be deemed to have been carried out. The carrier will not contact the recipient. If the Customer is not the final recipient, it is his responsibility to inform the final recipient that a parcel is available at the collection point indicated on the parcel tracking system
In case of delivery by Chronopost:
- Preparation time: 2 working day for any order received before 1:00 pm
- Delivery time: 3 working day
- Total delivery time from the date of order confirmation: 1 to 5 working days.
Delivery requires the presence of the recipient who signs a receipt.
In the event of absence, a notice of readiness shall be left in the recipient’s mailbox.
In the event of the absence or inaccessibility of a mailbox at the delivery address indicated, the mobile phone number of the recipient of the Order may be used. In the absence of a reply, the delivery shall be deemed to have been made. The package will not be presented a second time. If the Customer is not the final recipient, it is his responsibility to inform the final recipient that a parcel is available at the collection point indicated on the parcel tracking system
In any case:
Orders are processed by the Artists-Designers from Monday to Friday (excluding public holidays).
Orders placed on Saturdays and Sundays are processed on Mondays or Tuesdays depending on the available stock and the opening hours of the Artist-Designer.
The Customer is invited to contact the Customer Service to find out the exact delivery date of his Products, if he wishes them to be delivered for a particular occasion.
The Merchant and the Artists-Designers will do their utmost to meet the delivery deadlines. However, the Merchant and the Artists-Designers shall not be held responsible for any delays in delivery due to a heavy order load or any case of force majeure.
If the recipient does not appear within the period indicated or if the package is sent back to the Artist-Designer, the delivery will be considered to have been made and no refund or reshipment of the product to another address shall be made.
If the home address corresponds to a care establishment or a (public or private) company and the parcel cannot be delivered to the recipient in person, the delivery shall be considered as having been made from the moment the parcel is handed over to the reception desk or to the department of the establishment dedicated to receiving the goods.
7.3 Partial or multiple delivery
The Customer is informed that each Order, from each Artist-Designer, being perfectly independent, the Products ordered from several Artists-Designers will systematically be delivered in several packages.
For logistical reasons, the Artist-Designer may deliver his Order in several packages.
7.4 Delivery costs
The delivery costs of the Products vary according to the weight and the delivery address. The amount of the delivery costs is specified before the validation of the order by the Customer.
For shipments outside metropolitan France, delivery costs depend on the gross weight of the package and the country of destination. An estimate will be established in the Order confirmation.
7.5 Dispute Management and Product Returns
Dispute management and mediation in the event of difficulties related to the processing of the Orders are carried out by the Merchant in the name and on behalf of the Artist-Designer, without acknowledgement of liability.
In the event of a dispute, the original packaging must be kept until the dispute is resolved.
Article 8 – Extraordinary Delivery
MAISON SENSEY can offer Customers an “Extraordinary Delivery” service consisting of a delivery of Products directly to the Customer by the Artist-Designer.
The Extraordinary Delivery Service is a separate service from the marketplace provision services provided hereunder.
As such, the Extraordinary Delivery service will be subject to a special agreement between the Customer and the Artist-Designer, for which MAISON SENSEY will play the role of facilitator and market place.
The “Extraordinary Delivery” service is an exceptional service, carried out on the basis of an estimate, consisting of a delivery operation of the Product accompanied by a presentation and a meeting with the Artist-Designer.
This service can in no case be considered as a transport operation in the name of other people and does not require any prior approval or authorisation.
The service of “Extraordinary Delivery” is provided subject to availability and prior agreement of the Artist-Designer’s “Extraordinary Delivery” service.
Before any request for services of “Extraordinary Delivery”, the Customer must contact MAISON SENSEY to make known the characteristics of his request.
If the Artist-Designer agrees on the characteristics and dates for the “Extraordinary Delivery”, an estimate will be sent to the Customer, who must return it with the “signed and agreed” mention, accompanied by a deposit corresponding to 100% of the price of the service and the Products.
MAISON SENSEY is never a contracting party to the contract for Extraordinary Delivery services between the Artist-Designer and the Customers and assumes no liability in this respect.
Article 9 – Selection of Artists-Designers
The commercial relations between the Artists-Designers and The Merchant are governed by a service contract which specifies the commitments to which the Artists-Designers are bound for the purpose of selling the Products on the Shop.
The use of the Shop by the Artists-Designers is subject to a remuneration fixed in the service contract. This remuneration may have an impact on the ranking and presentation of Artists-Designers’ offers on the Shop.
The offers of Products offered on the Shop are classified by the Merchant in order to provide the Customer with the best possible shopping experience. No ranking is established according to the level of remuneration of the Merchant by the Artists-Designers.
Article 10 – Right of withdrawal
10.1 Legal withdrawal period and right
Article L. 221-18 of the Consumer Code states that the consumer has a period of fourteen (14) days to exercise his right of withdrawal from the distance contract without having to justify his decision.
However, it is specified that the right of withdrawal may not be exercised for goods made to the consumer’s specifications or clearly personalised, which are liable to deteriorate or expire rapidly or which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
In accordance with Article L. 221-18 of the French Consumer Code, the Customer has a period of 14 (fourteen) days from the day of receipt of the package containing the products ordered, to exercise his legal right of withdrawal without having to justify his decision.
However, the right of withdrawal may not be exercised for Orders relating to the supply of goods which have been unsealed after the delivery and which cannot be returned for reasons of hygiene or health protection and the supply of goods made to the consumer’s specifications or clearly personalised.
Consequently, the Customer is aware of the fact that he will not be able to assert the right of contractual withdrawal on unsealed products whose re-marketing would present risks for reasons of hygiene or health protection for consumers (e.g. care products). Furthermore, the Customer may not exercise his contractual right of withdrawal on products that are customised at his request.
If the products can be the object of the right of withdrawal, the Customer exercising his right of withdrawal under the conditions set out in this Article, in the respect of the deadlines and modalities of return of the products, will be able to obtain a refund of the returned products as well as the delivery costs of the Order.
The Artist-Designer will bear the costs of return of the Products by sending the Buyer a Return Label.
10.2 Methods of exercising the legal right of withdrawal
The Customer who wishes to exercise his legal right of withdrawal by returning a product by mail/package must follow the following instructions:
- Use the original packaging to return the product(s) concerned.
- Send the package or mail by registered post with acknowledgement of receipt to the address provided by the Artist-Designer and shown on the order summary.
Packages or mails addressed by means of freight collect are not accepted.
For products subject to customs formalities, the Customer must first obtain from the local authorities the necessary certificates for customs clearance.
Article 11 – Guarantees
All Products sold through the Shop benefit from the legal guarantee of conformity (Articles L 217-1 et seq. of the French Consumer Code) and the guarantee against hidden defects (Articles 1641 et seq. of the French Civil Code) allowing the defective or non-compliant Products (in terms of size, colour and composition) to be returned to the Artist-Designer.
All Products are subject to the legal guarantee relating to the consequences of problems and hidden defects that may affect the Products provided for in Article 1641 of the French Civil Code. A period of 48 hours from the date of delivery is allowed to address to the Merchant’s customer service department any reservations or complaints concerning the non-conformity or apparent defect of the Products delivered. After this period and if this formality has not been complied with, the Products will be considered to be in conformity and free of any apparent defect. Therefore no claim can be accepted by the Merchant and/or the Artist-Designer.
The Customer is informed that the Artist-Designer, whose name and exact address appear on the Product Sheet, is the sole guarantor of the conformity of the Products within the framework of these two legal guarantees.
The provisions applicable to legal guarantees are recalled below:
Article L217-4 of the Consumer Code: The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation when this has been entrusted to him by the contract or has been carried out under his responsibility.
Article L217-5 of the Consumer Code: The property is in conformity with the contract:
(1) Whether it is fit for the use ordinarily expected of a similar property and, where applicable:
– if it corresponds to the description given by the seller and has the qualities which the seller has presented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2) Or if it has the characteristics defined by mutual agreement between the parties or if it is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter.
Article L217-12 of the Consumer Code: Any action resulting from lack of conformity shall be time-barred after two years from the date of delivery of the goods.
Article L217-16 of the Consumer Code: Where the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of movable property, to restore the property to its original condition covered by the guarantee, any period of immobilization of at least seven days shall be added to the period of the guarantee that has remained to run. This period shall run from the date of the buyer’s request for intervention or from the date on which the goods in question are made available for repair, if this availability is subsequent to the request for intervention.
Article 1641 of the Civil Code: The seller is bound by the guarantee on account of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
Article 1648 paragraph 1 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
When acting as a legal guarantee of conformity, the Customer:
- has a period of two years from the date of delivery of the property to act;
- may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L217-9 of the French Consumer Code;
- shall be exempt from furnishing proof of the existence of the lack of conformity of the goods during the two-year period.
The Customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
Within the framework of the legal guarantee of conformity, the Artist-Designer undertakes, at the Customer’s discretion:
- or to replace the product by an identical product according to the available stocks,
- or to reimburse the price of the product if the replacement of a product proves to be impossible.
Within the framework of the legal guarantee for hidden defects, the Artist-Designer, at the Customer’s discretion, undertakes, after evaluation of the defect:
- either to reimburse him the totality of the price of the returned product,
- or to refund part of the price of the product if the Customer decides to keep the product.
Article 12 – Exclusion of guarantees
The Merchant only acts as host of the Shop and as a sales intermediary in the relationship between the Artists-Designers and the Customer. Consequently, the Merchant cannot be held liable for any sale concluded between the Artist-Designer and the Customer through the Shop.
The responsibility of the Artists-Designers (and a fortiori of the Merchant) could not be engaged:
- in the event that the non-execution or poor execution of one or more obligations contained in the GTCS or provided for by the applicable regulations is attributable to the Customer, to the unforeseeable and insurmountable fact of a third party and/or to a case of force majeure as defined by jurisprudence;
- for all inconveniences or damages inherent to the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses.
The Detailed Product Information Sheet is the only contractual source.
Article 13 – After-sales service
Any questions or requests for clarification regarding the Shop should be forwarded to the Merchant’s Customer Service department accessible by the following means: firstname.lastname@example.org
In case of contact by contact form, the Merchant acknowledges receipt of the complaint as soon as possible.
Article 14 – Receipt of promotional offers
If the Customer has not decided otherwise at the time of registration, the Customer may receive promotional offers or, more generally, information concerning the Products and services of the Shop through the Merchant’s newsletter. The Customer has the possibility to unsubscribe by clicking on the link provided for this purpose in the newsletter.
Article 15 – Intellectual Property
The texts and graphic elements, their assembly in the Shop, and the “https://maisonsensey.com” website itself are the exclusive property of the Merchant and are protected under applicable copyright legislation. The logos, distinctive signs of the Merchant are protected under trademark law. The logos, distinctive signs of each of the Artists-Designers are also protected under trademark law.
Any deterioration of the elements present on the Shop, as well as, in the absence of express authorization, any reproduction, downloading, copying, modification, commercial use, total or partial, of the various elements of the Shop is prohibited and exposes its author(s) to legal action.
Article 16 – Force Majeure
In accordance with article 1218 of the Civil Code “There is force majeure in contractual matters when an event beyond the control of the debtor, which could not reasonably have been foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents performance of the obligation by the debtor“.
All events of force majeure, as defined by regulations and case law, constitute a cause for suspension or termination of the obligations of the Merchant and/or the Artist-Designer, if the impediment is definitive or if the delay justifies the termination of the contract. The Merchant and/or the Artist-Designer cannot be held responsible for the non-performance of the contract concluded in the event of the occurrence of one of the aforementioned events.
Article 17 – Applicable Law
The General Terms and Conditions of Sale are subject to French law.
In the absence of an amicable agreement between the parties through voluntary procedures, the dispute will be submitted to the French courts.