General terms and conditions of sale
General terms and conditions of sale
These General Terms and Conditions of Sale (hereinafter the “GTCS”) define the rights and obligations of MAISON M (hereinafter the “Seller”) and any customer wishing to purchase the Products offered for sale by the Seller (hereinafter the “Client”), whether purchased via the website or by phone. These GTCS govern their contractual relationship and can be consulted on the dedicated website https://www.distillerie-maisonm.fr (hereinafter the “Site”).
Article 1. THE SELLER
These Terms and Conditions apply to the sale of Products offered by MAISON M, a simplified joint stock company with a capital of 50,000 euros specializing in the sale of spirits, beverages and herbal tea having its registered office at 21-27 RUE BOURG MOREL, 73260 LES AVANCHERS-VALMOREL, registered in the Chambéry Trade and Companies Register under number 887 886 471.
Article 2. FIELD OF APPLICATION
Together with the invoices, these GTCS constitute the contractual documents binding on the Parties and take precedence over and cancel any other document. They specify the terms and conditions for ordering, payment, delivery, returns, etc.
They can be consulted by the Client directly on the Site. They are binding on the Client, who acknowledges having read them and accepted them before placing an order. Validation of an order implies unreserved acceptance by the Client of the GTCS, which the Client accepts by declaring that he/she adheres to them and accepts their content by ticking the box “I have read and accept the General Terms and Conditions” when confirming his/her order.
Acceptance of these GTCS implies that the Client has the legal capacity to do so.
MAISON M reserves the right to modify these Terms and Conditions at any time to comply with any new regulation. The applicable GTCS will be those in force at the date of the order by the Client. The Client who does not want the contractual relationship to be governed by the new version should notify it.
Article 3. PRODUCTS OFFERED
3.1. The products
MAISON M offers for sale online alcoholic beverages and herbal tea (hereinafter the “Products”).
The essential and main characteristics of the Products, and in particular the ingredients, origin, alcohol used, manufacturing technique, maceration time, capacity and price are presented on the Site.
The photographs and illustrations on the Site are indicative; the Client acknowledges and accepts that the image, shape and colors of the latter may not correspond to the actual Product. MAISON M cannot be held responsible for any non-substantial differences between the photographs and the Product received.
MAISON M does not sell to professionals, the products sold by are reserved for individuals.
3.2 Unavailability of Products
The Products are valid while stocks last, and the Products are subject to change. MAISON M frequently updates availability but cannot be held responsible if the stock is no longer the same as the one indicated. In case of unavailability, the Client will be informed as soon as possible.
In case of shortage of stock – less than ten (10) days – MAISON M reserves the right to postpone shipment for a few days while the Products are restocked.
In case of unavailability for a longer period, MAISON M undertakes to inform the Client as soon as possible and offer him the choice of replacing the Product ordered by the next vintage or by an equivalent or higher quality product under the same pricing conditions, the reimbursement of the unavailable product or the entire order.
If you choose to be reimbursed, MAISON M will reimburse you within three (3) weeks. MAISON M is not liable for any other cancellation compensation and cannot be held responsible for the unavailability of a product.
Article 4. PRICES
4.1. Selling prices.
To get the prices of the Products, the Client acknowledges that he/she must create an account and log in.
For orders in mainland France and the European Union, the prices indicated on the Site are in Euros, inclusive of all taxes, and include the VAT applicable at the time of the order and exclude delivery costs.
For orders outside the European Union and DROM-COM, the price will be calculated exclusive of tax automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not the responsibility of MAISON M; they will be borne by the Client and are their sole responsibility, both in terms of declarations and payments to the authorities and / or competent bodies in your country. The Client is advised to inquire about these aspects with his local authorities. Therefore, in case of delivery of a Product outside the territory of the EU and in the DROM-COM, the Client declares to be the importer of the Product and accepts that MAISON M may be materially unable to provide accurate information on the total amount of costs related to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.
In the case of commercial operations, a price reduction or free delivery may be granted. In the absence of any mention to this effect on the Site or of obtaining a code, no discount will be applied. Any promotional offers may not be used in combination with each other.
MAISON M reserves the right to modify its prices, being specified that the price on the day of the Order will be the only one applicable to the Client.
In all cases, for orders within mainland France and the European Union, the total amount due by the Client is indicated on the Order confirmation page, expressed inclusive of all taxes and including the applicable VAT, the costs of handling, packaging and storing the products as well as the carriage costs applicable on the day of the order.
Transport costs are payable by the Client and are estimated at the time of each Order and indicated in the order summary.
An invoice will be sent to the email address provided by the Client.
4.2. Payment.
The payment of the totality of the price must be realized during the Order.
Payment is made online by credit card. Only bank cards bearing the initials CB, VISA, EUROCARD, MASTERCARD or AMERICAN EXPRESS, DISCOVER and DINER, JCB are accepted.
Online payments are secured by a data encryption procedure using the SSL (Secure Socket Layer) protocol to avoid the risk of this information being intercepted by malicious third parties.
The Client’s bank account will be debited once the Order has been confirmed, and the Order will become effective once the bank payment centers have given their approval.
The Client guarantees that he/she is fully entitled to use the bank card used, whether he/she is the cardholder or has received the cardholder’s authorization and guarantees that the means of payment gives access to sufficient funds. MAISON M is not responsible in case of fraudulent use of the means of payment used by the Client.
In case of erroneous data, insufficient funds in the account, the resulting costs are borne by the Client. In case of refusal by the bank, MAISON M may cancel any Order or wait for payment before proceeding with the delivery of Products.
Delivery of a new Order may be suspended in the event of late or defective payment of a previous Order.
Article 5. ORDER
5.1. Order process
To place an order, the Client must create an Account on the Site by providing a minimum amount of information (first name, surname, date of birth, postal address, email address, telephone number and password). Once these information have been completed, the Client has access to his/her space where he/she can consult order history, the status of an order, modify personal information, etc.
To place an Order, Client browses the Site and add his/her Product(s) to his/her virtual shopping basket, checks that the order is correct, chooses the type of delivery and payment method and then confirms the Order.
It is the Client’s responsibility to check the content of their Order before proceeding with payment.
After validation, the Client is directed to a secure page to proceed with the payment of the Order. The Order will be confirmed by MAISON M by sending an email of confirmation with a summary. The Client agrees to check the reception of this email in his email box and in his spam.
5.2. Particular characteristics
In accordance with the French Public Health Code, the Client must be of legal age at the time of placing the Order to be able to order alcoholic beverage. The Client confirms that he/she is of legal age and accepts the GTCS when he/she ticks the box indicating acceptance of these GTCS when placing the Order.
The Client is solely responsible for the accuracy and validity of the information provided. MAISON M cannot be held responsible for any error in the information entered or their consequences.
5.3. Non-acceptance of an Order
MAISON M reserves the right to refuse, reduce or split all or part of an Order if the quantity ordered or the frequency of orders seems abnormal, if the Product(s) ordered is (are) not available in stock, due to an inability to obtain payment authorization, a pricing error or suspected fraud.
Article 6. DELIVERY OF PRODUCTS
6.1. Delivery of the Products
The Product(s) is (are) delivered by post / by third-party carriers in France, in Europe and internationally, according to the delivery method chosen by the Client.
Delivery terms and costs are presented on the Site before the Order is validated.
Upon confirmation of the Order and payment of the Price, MAISON M will do its best to deliver the Order as soon as possible to the address indicated by the Client. The times communicated are only indicative and correspond to average delivery times.
All Products ordered will be delivered at the same time. If the Order includes Products with a longer delivery time, the longer delivery time shall apply as the reference for delivery.
Unless otherwise stated on the Site when placing the order or in the description of the Products ordered, MAISON M commits to deliver the Products within a maximum of thirty (30) days after the Order.
6.2. In the event of delay
If MAISON M is unable to deliver an Order within the specified time, the Client will be informed as soon as possible.
MAISON M will not be held responsible in case of delay attributable to the Client, the carrier, a case of force majeure (strikes, blockages of transport networks, bad weather, etc.) or an insurmountable event beyond its control and attributable (epidemic, border shutdown, etc.).
If MAISON M cannot meet the announced deadline for any other reason and in the event of a delay of more than thirty (30) days, the sale may be cancelled at the request of the Client. The Client will have to request MAISON M to make the delivery within a further period of time, if it fails to do so, the sale will be cancelled and the Client will be reimbursed for all sums paid within a maximum period of fourteen (14) days following the cancellation of the sale.
6.3. In case of problems with delivery
In the event of an incorrect address resulting in the impossibility of delivery, the Client will be required to pay the cost of re-shipment. The Client is solely responsible for the consequences of delivery to a collective or incorrect address.
MAISON M declines all responsibility in case of non-receipt due to a third party (loss, theft, etc.) or force majeure. No parcel will be refunded or returned; the risks are borne by the Client.
If the parcel is returned to MAISON M, the Client will be offered a refund of the order after deduction of the delivery charges or a second delivery may be made at the Client’s expense. MAISON M will contact the Client for further instructions and may charge additional storage and delivery fees.
If despite all its efforts, MAISON M fails to deliver the Order, it may terminate the contract, and proceed to the refund of the Order after deduction of compensation.
6.4. Receipt / complaints
Upon receipt of the Order, the Client undertakes to check the condition of the packaging and the conformity of the package with the Order placed. In case of damaged packaging, the Client must refuse the delivery, request the return of the package and immediately notify MAISON M of this refusal.
Any anomaly (missing product, damaged package, non-conforming, broken product, etc.) must, under penalty of inadmissibility of the request, be indicated on the delivery slip in the form of detailed handwritten reservations, substantiated and dated or be reported immediately by the Client by calling the Client service in the presence of the delivery person.
The Client must sign the delivery note and report these anomalies to MAISON M within two (2) working days of receipt by sending either a registered letter or an email to contact@maisonmspirits.com specifying the order number, any photos and description of the problem. Any claim made after the deadline will be rejected and the Products will be deemed compliant.
The guarantee of conformity does not apply to damage caused by storage of the product.
When the complaint procedure has been followed, MAISON M may ask the Client to illustrate the anomaly. Once this anomaly is recognized, the return of the Product will be made at the expense of MAISON M and the refund or exchange will take place.
This clause has no impact on the Client’s right of withdrawal.
Article 7. WITHDRAWAL
In accordance with the French Consumer Code and European Directive 2011/83/EU, non-professional Clients have a period of fourteen (14) calendar days from the date of receipt of the Product to cancel the Order and obtain a refund or exchange, without giving any reason. The deadline is deemed to have been met if the Product is returned before the deadline expires.
To retract, the Client must return by post to MAISON M at the address 21-27 RUE BOURG MOREL, 73260 LES AVANCHERS-VALMOREL, the Product in its original packaging, in perfect condition for resale (as it is, unopened or unsealed) and send by email / post a statement to MAISON M expressing his desire to retract. The Client must specify whether he wants a credit note or a refund.
Returns are made at the Client’s risk and expense. The burden of proving that the right of withdrawal has been exercised rests with the Client.
Once the verification of the Product is done and deemed compliant, MAISON M will reimburse the Client of the sums paid (excluding delivery charges) within fourteen (14) days on the payment method used for the initial transaction.
The right of withdrawal does not apply to products that have been unsealed, damaged, used and/or whose original packaging has been damaged.
Article 8. CANCELLATION OF THE SALE
MAISON M reserves the right to cancel any Order in case of breach by the Client of the GTCS (payment incident, provision of erroneous information).
The Client is entitled to request cancellation of the sale in the cases mentioned in Articles 6.4 and 7.
Article 9. GUARANTEES / COMMITMENTS
9.1. From MAISON M
MAISON M guarantees that the Products comply with the descriptions and characteristics indicated on the Site and respect the regulations in force in France regarding the composition of the products.
MAISON M undertakes to do its utmost to provide a Site accessible seven (7) days a week (7) except in case of interruption (voluntary or not) in particular for maintenance or force majeure.
9.2. The Client
The Client warrants that he/she is of legal age and that he/she has the legal capacity to purchase the Products as a consumer. When entering the site, registering or validating an Order, the Client undertakes to acknowledge once again that he/she is of legal age. Minors do not have the capacity to enter into contracts and, in accordance with article L.3342-1 of the French Public Health Code, the sale of alcohol to minors is prohibited.
The Client undertakes to provide accurate, precise and up-to-date information.
The Client undertakes to use the Products in accordance with the recommendations given and MAISON M cannot be held responsible in the event of misuse by the Client or a third party.
The Client undertakes not to purchase Products with a view to reselling them or using them for commercial purposes.
Article 10. LIABILITY
10.1. The responsibility of MAISON M
MAISON M makes every effort to sell Products in accordance with the GTCS.
MAISON M will only be liable for the breach of its obligations under the Contract.
MAISON M cannot be held responsible if the Products delivered are stored or used in abnormal conditions or incompatible with their nature.
MAISON M cannot be held responsible for the behavior of the Client or a third party in relation to the consumption of the Products.
MAISON M cannot be held responsible in case of non-compliance with the legislation of the country where the product is delivered; it is up to the Client to check with local authorities the possibilities of importing or using the products ordered.
If MAISON M is liable, it will only be liable for the amount of money paid by the Client for the purchase of the Products and only direct, personal damages related to the failure of MAISON M can be compensated. MAISON M only provides Products for private use, if these Products are used for commercial purposes or resale, MAISON M cannot be held responsible for any loss of profit, business or commercial opportunity.
10.2. MAISON M’s liability in relation to the Internet
The Client is aware of the technical hazards that can affect the Internet network (and which are inherent to it) and lead to slowdowns or unavailability making connection impossible. MAISON M cannot be held responsible for access difficulties or possible unavailability or slowdowns due to disruptions of the Internet network, which the Client acknowledges.
10.3 Exclusion in the event of force majeure
MAISON M will not be held responsible if the non-fulfilment of its obligations is due to the act of a third party even if it is foreseeable, the fault, negligence or error of the Client or the occurrence of a fortuitous event or force majeure or any other external and insurmountable event or which was not reasonably under its control. Acts of God or force majeure include, but are not limited to, a pandemic, epidemic, act of government, war, fire, adverse weather conditions, including snow, flood or storm, explosion or civil commotion, failure of a third party (other than our subcontractors) or of computer or telecommunications services, or strike, etc.
10.4. The Client’s liability
The Client is solely responsible for the accuracy and completeness of the information provided. The Client is solely responsible for the use and consumption of the Products offered by MAISON M.
Article 11. CUSTOMER SERVICE
For any question, the Client can contact MAISON M by email at contact@maisonmspirits.com, by phone at 06 07 89 55 38 or via the Contact form on the Site.
Article 12. INTELLECTUAL PROPERTY
The users of the Site or the Client acknowledge and accept that all copyrights, trademarks and any other intellectual property rights relating to the content appearing on the Site are and will be, at all times, the property of MAISON M.
The photographs and trademarks used on the Site are not free of copyright.
Reproduction or representation, in whole or in part, of all or part of these elements by any process and on any medium whatsoever is strictly prohibited and constitutes, without prior written authorization, an infringement of copyright for which the author may be held civilly and criminally liable.
Article 13. NON-WAIVER PROVISION
The fact that MAISON M does not avail itself at a given time of any of the provisions of the GTCS cannot be interpreted as a waiver to avail itself later.
Article 14. PROTECTION OF PERSONAL DATA
The provisions concerning the protection of personal data as set out in the French Data Protection Act of 6 January 1978 and amended by the European Regulation on the Protection of Personal Data (“RGPD”) are set out in the Privacy Policy.
The User and Client of the Site acknowledges that he communicates his personal data when he places an Order or when he ticks the box to receive the MAISON M newsletter.
Article 15 – LANGUAGE
The GTCS have been drawn up in French and there is an English translation. In case of dispute or litigation, only the French version will apply and be deemed the authentic one.
Article 16. DISPUTES – APPLICABLE LAW
This Contract and the relationship between the Parties shall be governed by and construed in accordance with French law.
French law applies in the event of disputes, subject to the mandatory rules of the consumer’s country of residence.
In case of litigation or disputes that may arise on the interpretation, execution or non-execution of these conditions, the Client will first contact MAISON M to try to find an amicable solution.
In the absence of an amicable agreement, the Client may call on a consumer mediator to find an amicable solution (in particular via the online settlement platform set up by the European Commission, accessible via the link below http://ec.europa.eu/consumers/odr).
Failing amicable settlement, the dispute will be referred to the competent court.
