Terms of Use
Valid from 1/11/22
ARTICLE 1 - Scope of application
The present Terms of Use apply, without restriction or reserve
to all sales concluded by the Seller with non-professional buyers ("The Customers or the Customer"), wishing to acquire the products offered for sale ("Products") by the Seller on the website www.maisonphau.com. The Products offered for sale on the site are the following :
Pyjamas for children
The main characteristics of the Products and in particular the specifications, illustrations of the Products, are presented on the site www.maisonphau.com of which the customer is held to take knowledge before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
The offers of Products are within the limits of available stocks, as specified when the order is placed.
These terms of use are accessible at any time on the site www.maisonphau.com and will prevail over any other document.
The Customer declares to have read the present terms of use and to have accepted them by checking the box provided for this purpose before the implementation of the online ordering procedure on www.maisonphau.com.
Except of contrary proof, the data recorded in the computer system of the Salesman constitute
the proof of all transactions concluded with the Customer.
The Vendor's contact details are as follows
Manson Marie
21 rue de Beaune 75007 Paris
Registration number : Paris B 887 551 976
Email : contact@maisonphau.com
ARTICLE 2 - Prices
The Products are supplied at the prices in force appearing on the site www.maisonphau.com, at the time of the registration of the order by the Seller.
The prices are expressed in Euros, exclusive of VAT.
The prices take into account possible reductions which would be granted by the Salesman on the site www.maisonphau.com.
These prices are firm and non revisable during their period of validity but the Seller reserves the right, outside of the validity period, to modify the prices at any time.
The prices do not include the costs of processing, shipping, transportation and delivery, which are
charged in addition, under the conditions indicated on the site and calculated prior to the finalisation of the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is issued by the Seller and given to the Customer upon delivery of the Products ordered.
ARTICLE 3 - Orders
It is up to the Customer to select on the site www.maisonphau.com the Products he/she wishes to order, according to the following modalities:
The customer chooses a product and puts it in his basket. He can modify or delete his basket before validating it. When customers click on the Payment button, the payment page that opens is protected by SSL to ensure the security of their credit card information. The customer enters their email address. If the customer has a customer account, they can log in to speed up the payment process. The customer enters their shipping address. The customer then selects a delivery option.
Payment and discounts: The customer enters their credit card information and billing address, or they can use PayPal or Apple Pay. The customer clicks on Buy Now to place their order. An order confirmation page is displayed.
The offers of Products are valid as long as they are visible on the site, within the limit of available stocks.
The sale will be considered valid only after full payment of the price. It is up to the Customer
to check the accuracy of the order and to immediately report any error. Any order placed on the site www.maisonphau.com constitutes the formation of a contract concluded between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom a dispute exists concerning the payment of a previous order.
The Customer can follow the evolution of his order on the site.
ARTICLE 3 Bis - Customer Account
In order to place an order, the Customer is invited to create an account (personal space).
To do this, he must register by filling out the form that will be offered at the time of his order and
and agrees to provide true and accurate information about his civil status and contact information, including his email address.
The Customer is responsible for updating the information provided. It is specified to him that he can by logging into his account.
To access his personal space and order history, the Customer must identify himself by
using his user name and password, which will be communicated to him after his registration and which are strictly personal. As such, the Customer is prohibited from disclosing them. Otherwise, he will remain solely responsible for the use that will be made of it.
The Customer may also request to unsubscribe by going to the dedicated page on his personal space or sending an email to help@maisonphau.com. This will be effective within a
reasonable time.
In case of non-compliance with the terms of use, the site www.maisonphau.com will have the possibility of suspending or even closing the account of a customer after notice sent by electronic way and remained without effect.
Any deletion of an account, whatever the reason, engenders the deletion of
all personal information of the Customer.
Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in case of maintenance, does not engage the
responsibility of the Seller.
The creation of the account entails the acceptance of the present terms of use.
ARTICLE 4 - Terms of payment
The price is paid by secure payment, according to the following methods:
Credit card, ApplePay or PayPal.
The price is payable by the Customer, in full on the day the order is placed.
The payment data are exchanged in encrypted mode thanks to the protocol defined by the
payment provider involved in banking transactions on the site www.maisonphau.com.
The payments made by the Customer will be considered as final only after collection by the Seller of the sums due.
The Seller shall not be bound to deliver the Products ordered by the Customer if
the Customer does not pay the price in full in accordance with the above conditions.
ARTICLE 5 - Deliveries
The Products ordered by the Customer will be delivered in France, Europe and where possible the rest of the world.
Deliveries are made within 2-3 days in France, 4-5 days in Europe and 10-20 days for the rest world to the address indicated by the Customer at the time of his order on the site.
The delivery is constituted by the transfer to the Customer of the physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered at once.
The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer
within the time limits specified above.
If the Products ordered have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the Customer's fault, the sale may be cancelled at the written request of the Customer in the conditions foreseen in the articles L 216-2, L 216-3 and L241-4 of the Code of the consumption. The sums paid by the Customer will be then restored to him at the latest fourteen days after the date of denunciation of the contract, to the exclusion of any compensation or withholding.
The deliveries are ensured by an independent carrier, at the address mentioned by the Customer
at the time of the order and to which the carrier will have easy access.
In the event of a specific request from the Customer concerning the packaging or transport conditions of the products, duly accepted in writing by the Seller, the related costs shall be subject to specific additional invoicing.
The Customer shall be responsible for verifying that the products are in good condition. The Customer is required to check the condition of the products delivered. He has 14 days as from the delivery to formulate complaints by contacting help@maisonphau.com. Items must be unworn and returned in their original condition and packaging. All returns are at the expense of the buyer. After this period and if these formalities are not respected, no claim will be validly accepted by the Seller.
The Seller shall refund or replace, as soon as possible and at its own expense, the Products delivered whose defects of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the Consumer Code and those provided for in these terms of use.
The transfer of the risks of loss and deterioration relating thereto shall only be made at the time the Customer takes physical possession of the Products. The Products are therefore transported at the risk of the Seller, except when the Customer has chosen the carrier. In this respect, the risks are transferred at the time of delivery of the goods to the carrier.
ARTICLE 6 - Transfer of ownership
The transfer of ownership of the Products from the Seller to the Customer will only be made after full payment of the price by the latter, whatever the date of delivery of said Products.
ARTICLE 7 - Right of withdrawal
According to the terms of the article L221-18 of the Code of the Consumption there is a right of withdrawal for a period of 14 days from the date of receipt.
The right of withdrawal can be exercised online or by post, using the withdrawal form attached or any other statement, unambiguous, expressing the desire to withdraw addressed to the Seller at the postal or e-mail address indicated in ARTICLE 1 of the terms of use.
The returns are to be made in their original condition and complete (packaging, accessories),
allowing their remarketing in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products are not accepted.
The cost of return will be charged to the Customer.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer in accordance with the conditions provided for in the present article.
ARTICLE 8 - Responsibility of the Vendor - Guarantees
The Products supplied by the Vendor benefit from :
the legal guarantee of conformity, for the defective, damaged or damaged Products or not corresponding to the order. The legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the delivered products and making them unfit for use, provisions relating to legal guarantees Article L217-4 of the Consumer Code.
The seller is obliged to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, instructions or installation when the latter has been put at his charge by the contract or has been or was carried out under his responsibility.
Article L217-5 of the Consumer Code
The good is in conformity with the contract:
1° If it is fit for the purpose usually expected of a similar good and, where appropriate :
- if it corresponds to the description given by the seller and has the qualities that the seller has
presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the made by the seller, by the producer or by his representative, in particular in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the
Article 1641 of the Civil Code.
The seller is bound by the warranty for hidden defects of the thing sold that make it
unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have the buyer would not have purchased it, or would 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 buyer within two years
as from the discovery of the defect.
Article L217-16 of the Consumer Code.
When the buyer asks the seller, during the course of the commercial guarantee which was granted to him the purchase or repair of a movable good, a repair covered by the guarantee, any period of
warranty, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run. This period runs from the date of the buyer's request to intervene or from the time the repair of the good in question, if this availability is subsequent to the request for intervention.
In order to assert his rights, the Customer shall inform the Seller, in writing (e-mail or letter), of the non-conformity of the Products or of the existence of hidden defects as of their discovery.
The Seller shall refund, replace or repair the Products or parts under warranty deemed to be non-conforming or defective or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return shipping costs will be reimbursed upon presentation of proof of purchase.
Refunds, replacements or repairs of Products deemed non-conforming or defective will be made as soon as possible and at the latest within 30 days following the of the lack of conformity or hidden defect. This reimbursement may be made by the same way the purchase was made.
The responsibility of the Salesman could not be committed in the following cases:
non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check, in case of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.
The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Seller.
The guarantee of the Seller is, in any case, limited to the replacement or the refund of the Products that do not conform or are affected by a defect.
ARTICLE 9 - Personal data
The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as for their transmission to third parties for the purpose of delivery of Products. These personal data are collected only for the execution of the sales contract.
9.1 Collection of personal data
The personal data that are collected on the site www.maisonphau.com are the following:
Account opening
During the creation of the Customer / user account:
Names, first names, postal address, telephone number and e-mail address.
Payment
Within the framework of the payment of the Products proposed on the site www.maisonphau.com, this one records financial data relating to the bank account or the credit card of the Customer / user.
9.2 Recipients of personal data
The personal data are used by the Seller and its co-contractors for the execution of the contract and to ensure the efficiency of the sale and delivery of the Products.
The categoies of co-contractors are:
Transport providers
The providers of payment institutions
9.3 Data controller
The data controller is the Seller, within the meaning of the Data Protection Act and
as of May 25, 2018 of the Regulation 2016/679 on the protection of personal data.
9.4 Limitation of processing
Unless the Customer expresses his consent, his personal data shall not be
used for advertising or marketing purposes.
9.5 Data retention period
The Seller shall keep the data thus collected for a period of 5 years, covering the time of the limitation period of the applicable contractual civil liability.
9.6 Security and confidentiality
The Seller implements organizational, technical, software and physical measures in the field of digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Enforcement of Customer and user rights
In application of the regulations applicable to personal data, the Customers and users of the site www.maisonphau.com have the following rights:
They can update or delete the data concerning them by writing to help@maisonphau.com.
They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 "Data controller".
If the personal data held by the Seller is inaccurate, they may request the update of the information by writing to the address indicated in article 9.3. They may also request the portability of data held by the Seller to another service provider. Finally, they may object to the processing of their data by the Seller. These rights, as long as they do not object to the purpose of the processing, can be exercised by sending a request by post e-mail to the person in charge of processing whose coordinates are indicated above.
The person in charge of processing must give a reply within a maximum of one month. In the event of refusal to grant the Customer's request, reasons must be given. The Customer is informed that in the event of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to tick a box under which he/she agrees to receive information from the Vendor. He will always have the possibility of withdrawing his agreement at any time by contacting the Seller (contact details above).
ARTICLE 10 - Intellectual property
The content of the site www.maisonphau.com is the property of the Seller and its partners and is protected by the French and international laws relating to the intellectual property. Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.
ARTICLE 11 - Applicable law - Language
The present terms of use and the operations which result from it are governed and subjected to the French law.
The present terms of use were written in French language. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 12 - Litigation
For any complaint, please contact the customer service at the postal or e-mail address of the Seller indicated in ARTICLE 1 of these terms of use.
The Customer is informed that he can in any case resort to a conventional mediation, with existing sectoral mediation bodies or to any alternative dispute resolution method (conciliation, for example).
In this case, the designated mediator is
CM2C
14 rue Saint Jean
75017 Paris
E-mail : cm2c@cm2c.net
The Customer is also informed that he can resort to the platform of Online Settlement of the Litigation (RLL):https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All the litigations to which the operations of purchase and sale concluded in application of the present and which would not have been the subject of a friendly settlement between the salesman or by mediation, will be submitted to the competent courts under the conditions of common law.
ANNEX I
Form of retraction
Date ______________________
This form must be completed and returned only if the Customer wishes to withdraw from the order
order placed on www.maisonphau.com except for exclusions or limitations to the exercise of the right of
the right of withdrawal according to the applicable General Terms and Conditions of Sale.
To the attention of Manson Marie
21 rue de Beaune 75007 Paris
I hereby notify the withdrawal of the contract for the following item:
- Order of (indicate date)
- Order number: ...........................................................
- Customer's name: ...........................................................................
- Customer's address: .......................................................................
Customer's signature (only in case of notification of this form on paper)