General conditions of sale
General conditions of sale
maisonaldabaran.com (hereinafter referred to as “the Site”) is published by Caroline Huet, sole trader, whose Head Office is located at 60 Rue François 1er, 75008 Paris.
ARTICLE 1 – SCOPE OF APPLICATION
The general terms and conditions of sale detailed below apply to all orders for goods and services placed with Maison Aldabaran offered on the maisonaldabaran.com website. They are permanently accessible on the latter.
Maison Aldabaran reserves the right to adapt or modify these terms and conditions at any time. The version of the general terms and conditions of sale applicable to any transaction is the one appearing online on the website www.maisonaldabaran.com at the time of the order. Consequently, placing an order implies full and unreserved acceptance of these terms and conditions.
Subject to any contrary provision of the law, the General Terms and Conditions applicable to the relationship established between Maison Aldabaran and the Customer (hereinafter, "the Customer") are those in force on the day the order is validated. They apply to the exclusion of all other conditions.
As Maison Aldabaran does not carry out any telephone canvassing, the provisions of the Consumer Code relating to telephone canvassing at home are therefore inapplicable to orders covered by these General Terms and Conditions.
ARTICLE 2 – ORDERS
Orders are placed exclusively on the Site. Connection and Internet access costs are the responsibility of the Customer.
Orders placed on the Site are subject to compliance with the procedure established by Maison Aldabaran, which is embodied by a series of different steps that the Customer must follow to validate their order. Any order validated by the Customer constitutes a sales contract and unreserved acceptance of all the General Terms and Conditions.
Under the law, the so-called "double-click" process when validating the order, combined with the authentication and non-repudiation procedure, as well as the protection of the integrity of messages, constitutes an electronic signature, which has the same value between the parties as a handwritten signature. Unless proven otherwise, the data recorded by Petitjean Paris constitutes proof of all transactions between Maison Aldabaran and its customers.
A confirmation of the order validated by the Customer will be sent to him by email prior to the dispatch of the order, and will make the sale final subject to the right to exercise the right of withdrawal. To this end, the Customer formally accepts the use of email for confirmation by Maison Aldabaran of the content of his order. The version of the General Terms and Conditions applicable to a given order may be kept by the Customer by electronic recording or printing on paper.
ARTICLE 3 – AVAILABILITY
The products offered for sale are those described on the Site on the day the user consults the site, within the limits of available stocks. Sales are concluded subject to the actual availability of the products.
In the event that an ordered product proves unavailable, for reasons beyond the Company's control, the Customer will be informed by email. The order will be automatically cancelled and refunded. The Company reserves the right to offer the Customer a replacement product of equivalent quality and price.
Maison Aldabaran takes the greatest care in the presentation and description of its products to best satisfy the Customer's needs. However, it is possible that non-substantial errors may appear on the Site, which the Customer acknowledges and accepts.
In any event, in the event of non-conformity of the product delivered with respect to its description on the Site, the Customer may either exercise his right of withdrawal or implement the conformity guarantee of Maison Aldabaran which will proceed, where appropriate, either to the exchange or to the reimbursement of the price (in whole or in part) possibly invoiced.
ARTICLE 4 – PRICE AND PAYMENT TERMS
Maison Aldabaran reserves the right to modify its prices at any time, but products will be invoiced based on the prices in effect at the time the customer confirms the order, subject to availability.
All prices displayed on the website are VAT-free (VAT not applicable, Article 293B of the French General Tax Code). The prices displayed do not include processing and shipping costs, which are listed separately at the time of ordering, depending on the characteristics of the order and the destination country. These costs are made known to the Customer before the order validation stage.
Orders to the European Union
On the website, product prices are indicated in euros and exclude shipping costs. The total price of the order, including shipping costs, is indicated at the time of order confirmation.
Orders for International (outside the EU)
At the moment we do not ship to countries in: Africa, Asia, Oceania and the Americas.
Payment terms
The products are payable in cash on the day the order is actually placed. The products remain the property of the Company until full payment of the price.
Payment for purchases is made via PayPal or credit card. The card or PayPal account is debited at the time the order is validated.
The Customer expressly acknowledges that the communication of his bank card number to Petitjean Paris constitutes authorization to debit his account for the amount of the products ordered.
The data recorded and stored by Maison Aldabaran constitutes proof of the order and all past transactions. The data recorded by PayPal or Shopify, the website host and payment service provider, constitutes proof of financial transactions.
ARTICLE 5 – DELIVERY
The delivery times indicated are in working days. Deliveries are made by the carrier services chosen when ordering, from Monday to Saturday.
Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the residential address of the Customer, a natural person of their choice or a legal entity (delivery to their company). No deliveries will be made to hotels or PO boxes.
Orders are shipped no later than 72 business hours after ordering.
In the case of home delivery, in order to meet these deadlines, the Customer must ensure that they have provided accurate and complete information regarding the delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.). In the event of inaccurate or incomplete information, the second shipment is at the Customer's expense.
In the event of delivery to a relay point, the Customer undertakes to collect the package within the allotted time. In the event of the package being returned to the sender, the Customer is responsible for the cost of the second shipment.
The delivery times indicated are indicative, corresponding to average processing and delivery times. Maison Aldabaran cannot be held responsible for the consequences of a delivery delay that is not its fault.
In the event of an abnormally long delivery time or failure to receive the ordered products, the Customer can contact customer service by email at bonjour@maisonaldabaran.com. An investigation will then be opened with La Poste to locate your package. The duration of this investigation can vary from 3 weeks to 1 month, depending on the period.
The survey can generate four results:
5.a If the package is found, it will be immediately returned to the address indicated when ordering, at the Company's expense.
5.b If the package is returned to the sender due to a Customer's failure to do so (incomplete address or package not collected from a postal point), the Customer may waive the second shipping costs and request a reshipment or request a purchase voucher, once the product has been returned to the sender. The Customer may not request a refund if he or she is responsible for the non-delivery.
5.c If the package is declared lost by La Poste, the products will be reshipped (subject to available stocks) or refunded.
5.d If the package is declared delivered by La Poste, no recourse from the Customer will be accepted.
No refund or return of products can be made before the investigation is closed.
ARTICLE 6 – EXCHANGES, REFUNDS AND RETURNS
6.1 Geographic areas
In accordance with Articles L.121-20 et seq. of the French Consumer Code, the Customer may request a refund or exchange within 14 days of receiving their order. The first return of the product(s) is the responsibility of the Company for orders to Metropolitan France, which will send a return slip to the customer. For orders to the EU or International (outside Metropolitan France), the return is the responsibility of the customer.
6.2 Return conditions
The product(s) must be returned in its original packaging, in its original condition, new, unworn, unwashed. If these conditions are not respected, the Company reserves the right to refuse the return of the product, and the customer will not be able to request a return to its attention of the product whose return has been refused. In case of doubt, the customer must contact customer service and send them photos of the product they wish to return, prior to returning their order.
The customer must also include a copy of the invoice or any other information that can identify the order in question. After an initial exchange or credit request, it is no longer possible to obtain a refund for your order.
6.3 Special cases
If an order is part of a promotional offer, the customer is responsible for the exchange or return of the product. A product offered as part of an offer cannot be exchanged, returned, or refunded.
For the promotional product category, the return is the responsibility of the customer.
Defective product
Any reservations regarding the condition of the products (e.g. open or damaged package) must be notified immediately within 48 hours of receipt of the order.
Return costs are borne by the Company if the delivered product is defective or if the wrong reference was sent.
If the Customer fails to comply with these conditions, in particular the return or exchange conditions, the Company will not be able to refund the Products concerned.
ARTICLE 7 – CONFORMITY & GUARANTEES
Photos are provided for illustrative purposes only. Customers are encouraged to refer to the description of each product for specific specifications. If in doubt, or for additional information, please contact customer service by email at bonjour@maisonaldabaran.com.
Petitjean Paris undertakes to reimburse the Customer or exchange products that appear to be defective, damaged, or that do not correspond to the order. In this case, the Customer must provide a detailed written statement of the situation and return the product(s).
In any event, the customer benefits from the legal guarantees of conformity and hidden defects, in accordance with the legal provisions in force:
Reminder of Articles L.211-4, L.211-5 and L.211-12 of the Consumer Code, and Articles 1641 and 1648, first paragraph, of the Civil Code:
"Article L.211-4 of the Consumer Code: the seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed under his responsibility by the contract or has been carried out under his responsibility."
“Article L.211-5 of the Consumer Code: To comply with the contract, the goods must:
1° Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
“Article L.211-12: Action resulting from lack of conformity is prescribed after two years from delivery of the goods.”
"Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the item sold which make 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 of them."
“Article 1648 of the Civil Code, first paragraph: The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.”
"The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them."
In order to assert their rights, the Customer must inform the Seller, in writing (email or letter), of the non-conformity of the Products or the existence of hidden defects from the moment they are discovered. Proof (photo) may be requested from the customer. The Seller will refund or replace Products under warranty deemed non-compliant or defective. Shipping costs will be borne by the Company.
Refunds or replacements for Products deemed non-compliant or defective will be made as soon as possible and at the latest within 14 working days following the Seller's discovery of the lack of conformity. This refund will be made by the payment method used for the purchase.
The Seller shall not be held liable in the following cases:
non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check,
in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, 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 cannot engage the responsibility of the Seller.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of non-compliant Products.
ARTICLE 8 – LIABILITY
Maison Aldabaran has, for all stages of access to the site, from the ordering process to the shipment of the package or subsequent services, only an obligation of means. The Company cannot be held liable for any inconvenience or damage inherent in the use of the internet network, in particular a service interruption, an external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with the law and case law.
In the event of the occurrence of a force majeure event, the party concerned must inform the other within fifteen (15) days of the occurrence of this event, by email or registered letter with acknowledgment of receipt. Expressly considered as cases of force majeure or fortuitous events, in addition to those usually recognized by the jurisprudence of French courts and tribunals, are total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, bad weather, epidemic, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in forms of marketing, computer breakdown, blockage of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship. All obligations of the parties will be suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three months, the purchase in question may be cancelled automatically without compensation for either party.
ARTICLE 9 - INTELLECTUAL AND INDUSTRIAL PROPERTY
All illustrations, images, characters, presentation methods, graphics, and characters on the Site are and remain the exclusive property of Caroline Huet and are protected by a copyright organization, ADAGP. Any reproduction, representation, or use of said rights by a Client will constitute a fault giving rise to legal action. Caroline Huet's graphic creations and copyrights are protected and managed by ADAGP, 11 Rue Duguay Trouin, 75006 Paris.
ARTICLE 10 – DATA PROTECTION, PERSONAL DATA
The information and data concerning the Client are strictly necessary for the management of orders, the execution and monitoring of commercial relations, as well as for internal statistical purposes.
This data may be transmitted to companies involved in these relationships (such as those responsible for the execution of services and orders) for their management, execution, processing and payment. This data is also retained in order to pursue security, identification, improvement and personalization of services.
The Customer has the right to access, rectify, and object to their personal data at any time. This right can be exercised by contacting our Customer Service by email at bonjour@maisonaldabaran.com.
The Customer may receive offers from the Company for products or services similar to those already ordered, or newsletters. The Customer may at any time object to these offers without incurring any costs for the future, in accordance with the terms and conditions specified in each mailing.
ARTICLE 11 – APPLICABLE LAW, DISPUTES
The contract formed by the acceptance of these General Terms and Conditions is subject to French law.
The language of this contract is French.
In the event of a dispute, the French courts will have sole jurisdiction.
ARTICLE 12 - MANDATORY LEGAL INFORMATION
The confidentiality of correspondence is not guaranteed on the Internet; it is up to each Internet user to take all appropriate measures to protect their own data and/or software from contamination by any viruses circulating on the Internet.
1° Editor
Caroline Huet, Individual entrepreneur
60 rue François 1er, 75008 Paris
Registered with the Paris Trade and Companies Register under number 515 203 438
2° Host
Shopify Inc.
150 Elgin Street 8th Floor Ottawa, Ontario K2P 1L4
USA
3° Personal data
In accordance with the provisions of Law No. 78-17 of January 6, 1978, relating to information technology, files, and civil liberties, the site has been declared to the CNIL (National Commission for Information Technology and Civil Liberties) under number 1798089. All information in your account is used only in the context of your business relationship with the Company. This information is never shared with third parties or resold. Finally, your banking information is never in our possession. Transactions are processed by Stripe or Paypal.
3° Personal data
In accordance with the provisions of Law No. 78-17 of January 6, 1978, relating to information technology, files, and civil liberties, the site has been declared to the CNIL (National Commission for Information Technology and Civil Liberties) under number 1798089. All information in your account is used only in the context of your business relationship with the Company. This information is never shared with third parties or resold. Finally, your banking information is never in our possession. Transactions are processed by Stripe or Paypal.