Terms of sale

Terms of Sale

You wish to place an order on the website maisonvespera.fr (hereinafter the "Site"). We invite you to read these General Terms and Conditions of Sale, which you agree to accept when you confirm your order.

ARTICLE 1 - PURPOSE - ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE

1.1 These general terms and conditions of sale define:

The terms of sale on the website maisonvespera.fr (hereinafter referred to as the "Site"), from which the products distributed by "Maison Vespera" (hereinafter referred to as the "Products") are sold, as well as the rights and obligations of the parties arising from the online sale.

The Site maisonvespera.fr is referred to as the "Site". The "Maison Vespera" products are together referred to as the "Products".
These General Terms and Conditions of Sale are entered into between a natural or legal person wishing to make a purchase for their strictly personal use, via the Site (hereinafter referred to as the "Customer") and the company "Maison Vespera", whose full details are as follows:

"SAS Maison Vespera", registered with the Paris Trade and Companies Register under number 901914457, with its registered office at 4 rue Francois Ponsard, 75116 Paris.

Email: support@maisonvespera.fr

By placing an order for a Product on the Site, the Customer acknowledges:

that they have full legal capacity;
that their order is governed by these General Terms and Conditions of Sale, the terms of which the Customer declares to accept without restriction or reservation. Any order constitutes acceptance, without reservation, of these General Terms and Conditions of Sale. This acceptance is in no way conditional on a handwritten signature by the Customer. In accordance with the applicable provisions of the Civil Code, it is recalled that confirmation of the order form as specified in Article 3 constitutes an electronic signature that, between the Parties, has the same value as a handwritten signature.

1.2 No particular condition or other written document, in particular those contained in documents originating from the Customer (including the order), may prevail over these General Terms and Conditions of Sale without the prior express written agreement of "Maison Vespera". It is specified that the Customer may save or print these General Terms and Conditions of Sale, provided, however, that they are not modified.

1.3 "Maison Vespera" reserves the right to modify these General Terms and Conditions of Sale, which it is the Customer's responsibility to consult regularly. The online version of these General Terms and Conditions of Sale on the Site maisonvespera.fr shall prevail, where applicable, over any other version of the said General Terms and Conditions of Sale, with the exception, in accordance with common law, of any modifications that may have occurred after an order placed by the Customer.

ARTICLE 2 - PRODUCTS

2.1 Presentation and description of the Products. "Maison Vespera" presents on the Site the various products it offers for sale, along with their detailed descriptions contained in product sheets, giving the customer the opportunity to know, before placing a final order, the essential characteristics of each product they can purchase via the site maisonvespera.fr, in accordance with the provisions of article L.111-1 of the French Consumer Code.

"Maison Vespera" makes its best efforts to ensure that the presentation of the Products whose photographs are displayed on the Site is faithful to the original Products.
However, given the way the Products are presented on the Internet, it is possible that the impression perceived by the Customer of the photographic representation of the Products may not correspond exactly to the product itself.

The Products comply with the French regulations in force.

2.2 Availability of the Products

2.2.1. The Products are offered while stocks last at the time the Customer places the order. A Product that has become unavailable is indicated as such. It is specified that "Maison Vespera" will do everything possible to ensure the availability of the entire range of Products offered.

At any time, "Maison Vespera" reserves the right to modify or to stop selling the Products offered on the Site, these modifications having no impact, however, on orders that "Maison Vespera" has accepted before these modifications came into effect.

2.2.2. In the event that a Product is unavailable, "Maison Vespera" will inform the Customer as soon as possible, by email, of the delivery of a partial order or of the cancellation of their order.

In the event of a partial order, the order invoice is updated according to the products shipped. Payment takes place upon confirmation of the order.

2.3 Price of the Products

The applicable prices are those indicated on the Site at the time the Customer confirms their order. Prices are indicated in euros and are inclusive of all taxes. Prices are subject to French Value Added Tax (VAT) applicable on the day of the order.

The Customer is informed that shipping costs will be charged in addition to the price of the Products, and that they will accordingly be indicated specifically on the order summary and in the order confirmation email. At any time and without notice, "Maison Vespera" reserves the right to modify the price of its Products, without such modifications affecting orders that "Maison Vespera" has accepted before these modifications came into effect.

ARTICLE 3 - ORDER PROCESS AND PAYMENT TERMS FOR PRODUCTS

3.1 Ordering a Product

3.1.1 To place an order on the Site, the Customer must:

Have the legal capacity to contract
Have an address in one of the countries served
Hold a funded bank account allowing them to pay the amount of their order online

To add a Product to their cart, the Customer will click on the "Add to cart" icon.

At any time, the Customer may:

obtain a summary of the Products they have selected or modify their cart, by clicking on the "Cart" icon accessible on each page
confirm their cart by clicking on "Pay".

3.1.2 Once their cart is confirmed, the Customer will need to identify themselves.

The Customer undertakes in particular to provide:

their last name(s), first name(s), telephone number and email address. The said email address must be perfectly valid and in perfect working order.
a postal address to which delivery can be made during business hours, Monday to Saturday.

The information requested when placing the order is necessary so that "Maison Vespera" can confirm the order(s) and send them to the Customer.

3.1.3 Once the Customer has been identified, an order summary will set out all the information relating to that order.

3.1.4 After reviewing the summary of their order, the Customer will be invited:

either to click on the "Continue" button to proceed with payment of their order; then tick the box "I have read and accept the General Terms and Conditions of Sale and of Use".

- or to click on the "Return to the previous step" button to modify the details of their order and/or the information relating to their personal contact details.

3.1.5 To pay, the Customer is invited to click on "Confirm my purchase" and will be invited to proceed with payment by entering their bank details.

3.1.6 The data recorded for delivery and billing by "Maison Vespera" constitutes proof of all transactions made between "Maison Vespera" and the Customer. In the event of a dispute between the Parties over a transaction made on the Site, the data recorded by "Maison Vespera" is considered irrefutable proof of the content of the transaction. Order forms and invoices are archived on a reliable and durable medium that can be produced as evidence.

3.2 Payment of the order

Payment will be made in euros exclusively by bank card (CB, Visa, MasterCard, American Express), to the exclusion of any other means of payment. The Customer's bank account is debited upon confirmation of the purchase.

In order to proceed with the payment due, the Customer must provide their bank card number and its expiry date, together with, where applicable, the visual security code.

The Customer's bank details are requested with each order. In addition, payment may be validated after entering a 3D Secure code provided by the bank of the Customer holding the bank card and sent by SMS.

To this end, the Customer guarantees to "Maison Vespera" that they have any authorizations that may be necessary to use the payment instrument chosen at the time of confirming their order.

As part of online payments, an online check is carried out with the relevant banking establishments and organizations, queried via the system of the company Stripe. This company, located in the United States, will for this purpose store and automatically process the information relating to each Order, including bank card details, in a secure environment. The transfer of the customer's personal data to Stripe is governed by the standard contractual clauses established by the European Commission.

If the bank declines, the order will be automatically cancelled and the Customer informed by "Maison Vespera".
"Maison Vespera" uses a payment service provider and therefore never has access to confidential information relating to the Customer's means of payment.

3.3 Security in payment operations and securing of means of payment

In order to combat online fraud, the company "Maison Vespera" implements processing relating to risk assessment and the prevention of fraud in the payment for purchases on the Site, for which the company "Maison Vespera" also uses the company Stripe. The data collected is intended solely for the authorized persons in charge of combating fraud within the company "Maison Vespera".

As part of the fight against online fraud, the information relating to the Customer's Order may be transmitted to any third party authorized by law or designated by "Maison Vespera" for the sole purposes of verifying the Customer's identity, the validity of the Order, the means of payment used and the intended delivery. Following this check, "Maison Vespera" reserves the right to request a photocopy of the Customer's identity card and/or any information relating to the Customer's identity. Every Customer has a right of access, rectification and deletion of the personal data concerning them and processed by "Maison Vespera", under the conditions provided for in the "Personal Data" charter.

All transactions are carried out on the Site in a secure manner. Indeed, "Maison Vespera" uses an SSL protocol. The information provided when placing the order will not be stored on the servers of "Maison Vespera".

3.4 Confirmation of the order by "Maison Vespera".

3.4.1 The order for Product(s) will only be considered firm and final once it has been confirmed by "Maison Vespera". Once the order for Product(s) is confirmed and its payment validated, a printable and savable summary of the Customer's order is displayed, indicating the order references.

3.4.2 An order confirmation email will then be sent to the Customer and will include the following information:

the order number;
the order summary (description of the ordered Product(s), quantity, price and essential characteristics);
the legal rights and guarantees available to the Customer;
the total amount of the order, inclusive of all taxes;
the shipping costs;
confirmation of payment;
the terms relating to delivery of the ordered Products (the expected shipping time, which may not exceed a maximum of fifteen (15) days from confirmation of the order).

3.4.3 In accordance with the provisions of article L.122-1 of the French Consumer Code, "Maison Vespera" will be entitled to refuse any abnormal order, placed in bad faith, or in the event of non-payment on the grounds of fraudulent use of a bank card.

ARTICLE 4 - DELIVERY & RECEIPT OF THE ORDER

"Maison Vespera" retains ownership of the ordered Products until full payment of the corresponding price.

4.1 Delivery to the Customer

The Products ordered by the Customer on the Site maisonvespera.fr will be delivered exclusively within mainland France (excluding Corsica and Monaco).
The Customer will be able to track the progress of the delivery of their order via a hyperlink giving access to a web page that will be sent to them upon confirmation of the shipment of their order.

Delivery is made to the delivery address indicated by the customer, it being specified that this must be the residential address of the customer or of any other natural person of their choice residing in mainland France.
In order for these timeframes to be met, the customer must ensure that they have provided accurate and complete information regarding the delivery address (such as, in particular: street number, building, staircase, access codes, intercom names and/or numbers, etc.).
The timeframes indicated are indicative timeframes, corresponding to the average processing and delivery times.
"Maison Vespera" cannot be held responsible for the consequences of a delivery delay that is not its fault.
In the event of damaged parcels (already opened, missing products, etc.), the Customer undertakes to notify the carrier and the company "Maison Vespera", by any means, of any reservations within 2 days of receipt of the product. Orders are delivered by a subcontracted carrier.

As delivery is handled by a third-party provider, the Customer acknowledges and accepts that "Maison Vespera" cannot in any way be held responsible if the non-performance or improper performance of this obligation is attributable to the Customer, to the act of a third party to the contract, or to a case of force majeure.

4.2 Product delivery times

Maison Vespera ships your items as soon as possible, but this will not always be the same day as your order. In general, please allow 2 to 3 business days for processing. Orders are not shipped or delivered on weekends or public holidays. If we experience a high volume of orders, shipments may be delayed by a few days. In addition, please allow a few extra days for delivery. If you have any questions regarding the lead time for a specific item or order, please contact us at support@maisonvespera.fr

4.3 Delivery delay

Any delivery delay must be reported in writing as soon as possible by the Customer to "Maison Vespera", which will carry out an investigation with the carriers concerned. The Customer will have the option of cancelling their order if its delivery has not taken place by the delivery date initially indicated to the Customer at the latest, and provided that the delay does not result from the Customer or from a case of force majeure.

From the exercise of the right of cancellation, or from the conclusions of the investigation carried out by "Maison Vespera" confirming the loss of the parcel, "Maison Vespera" will make a refund to the bank account debited at the time of the order, within a maximum of fourteen (14) days from receipt of the cancellation, to the exclusion of any other compensation, or will reship the Products at its own expense if the order has not been cancelled by the Customer.

In the event of partial delivery of the order, delivery may be made in several instalments, and this right will only concern the undelivered balance of the order.

4.4 Receipt of the Products by the Customer

Each delivery is deemed to have been made as soon as the Products are made available to the Customer by the carrier, evidenced by the tracking system used by the carrier. No dispute relating to the delivery itself will be possible if the parcel appears to have been delivered, the carrier's computer system being authoritative.

Without prejudice to the timeframes available to the Customer under their right of withdrawal as specified in article 5 below, it is the Customer's responsibility to:

Unpack the parcel in the presence of the delivery person
Write detailed handwritten reservations on the Delivery Note. The reservations made by the recipient at delivery constitute means of proving the existence and the extent of the damage. The Customer must take care to be precise and complete when writing them (the mere mention "subject to unpacking" is considered too general and imprecise), and
Notify your carrier of a reasoned letter of protest by registered letter with acknowledgement of receipt within three (3) days of receipt, in accordance with the provisions of article L.133-3 of the French Commercial Code,
Inform "Maison Vespera" by email or registered letter within three (3) business days following the delivery of the Order.

Any such reservation must also be notified to the "Maison Vespera" Customer Service, whose details appear on the Site, within the same timeframe and in the same form. In this respect, the Customer will take care to attach to their letter a copy of the complaint sent to the carrier.

ARTICLE 5 - THE CUSTOMER'S RIGHT OF WITHDRAWAL

5.1 Timeframe and exercise of the right of withdrawal

In accordance with article L.221-18 of the French Consumer Code, the Customer has a period of fourteen (14) days from receipt of the Product to exercise their right of withdrawal, without having to give reasons for their decision or bear any costs other than those provided for by law.

To exercise this right, the Customer notifies their decision unambiguously before the expiry of the deadline, by email to support@maisonvespera.fr. The Product must be returned in its original packaging and in perfect condition, within fourteen (14) days following this notification. The refund is made within fourteen (14) days from the recovery of the Product or proof of its shipment.

5.2 Limits and exclusions of the right of withdrawal

In accordance with article L.221-28 of the French Consumer Code, the Customer may not exercise a right of withdrawal for:

Products made to the Customer's specifications or personalized at their request;
Products that, by their nature, cannot be reshipped or are likely to deteriorate or expire quickly;
Products that have been unsealed by the Customer after delivery and Products that cannot be returned for reasons of hygiene or health protection.

ARTICLE 6 - LEGAL GUARANTEES

"Maison Vespera" guarantees respectively that the "Maison Vespera" Products are fit for their expected use and do not have any defects or hidden faults making them dangerous or unfit for their normal use. Thus, all products on sale on the Site benefit from the legal guarantee of conformity (as defined in articles L217-4 et seq. of the French Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 et seq. of the French Civil Code), allowing the Customer to return, free of charge, products delivered defective or non-compliant.

6.1 Legal guarantee of conformity

Article L.217-4 of the French Consumer Code provides that "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. The seller is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been made its responsibility by the contract or has been carried out under its responsibility".

Article L217-5 of the French Consumer Code provides that: "The goods conform to the contract:
1° If they are fit for the use usually expected of similar goods and, where applicable: - if they 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; - if they have the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or its representative, in particular in advertising or labelling;
2° Or if they have the characteristics defined by mutual agreement between the parties or are fit for any special use sought by the buyer, made known to the seller and which the latter has accepted." Article L217-12 of the French Consumer Code provides that "the action resulting from a lack of conformity is time-barred two years from the delivery of the goods".

6.2 Guarantee against hidden defects

Article 1641 of the French Civil Code provides that "the seller is bound by the warranty for hidden defects in the thing sold that render it unfit for the use for which it was intended, or that so diminish that use that the buyer would not have acquired it, or would have given only a lower price for it, had they known of them".

Article 1648 of the French Civil Code provides that "the action resulting from latent defects must be brought by the buyer within two years from the discovery of the defect. In the case provided for in article 1642-1, the action must be brought, on pain of foreclosure, within the year following the date on which the seller may be discharged from the apparent defects or lack of conformity".

6.3 Exclusion of guarantees

Products that have been modified, repaired, integrated or added to by the Customer are excluded from the guarantee. The guarantee will not apply to apparent defects. The guarantee will not cover products damaged during transport or through misuse.

6.4 How the legal guarantees are implemented

When acting under the legal guarantee of conformity, the Customer:

has a period of nine months from the delivery of the goods to act;
may choose between repair or replacement of the goods, subject to the cost conditions provided for in article L217-9 of the French Consumer Code;
is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods.

The legal guarantee of conformity applies independently of any commercial guarantee that may be granted.
The Customer may decide to invoke the guarantee against hidden defects in the thing sold within the meaning of article 1641 of the French Civil Code. In this case, they may choose between rescission of the sale or a reduction of the sale price in accordance with article 1644 of the French Civil Code.

For any request concerning the legal guarantees, the Customer must contact Customer Service by email: support@maisonvespera.fr . These provisions are not exclusive of the right of withdrawal defined in article 5 above.

6.5 Consequence of invoking the guarantees

Under the legal guarantee of conformity, "Maison Vespera" undertakes, at the Customer's choice:

either to replace the Product with an identical product depending on available stock,
or to refund the price of the Product, within a maximum of 30 days, if replacement of a product proves impossible.

Under the legal guarantee against hidden defects, "Maison Vespera" undertakes, at the Customer's choice, after assessment of the defect:

either to refund the full price of the returned product, within a maximum of 30 days,
or to refund part of the price of the product, within a maximum of 30 days, if the Customer decides to keep the product.

ARTICLE 7 - COMMERCIAL GUARANTEES

7.1 Right of return

In the event of receipt of a non-compliant Product, and subject to the provisions of article 5.2, the Customer is authorized to return the non-compliant Product to "Maison Vespera" within thirty (30) days after receipt of the Product.

It is specified in this respect that "Maison Vespera" does not accept parcels sent carriage forward, and that the Product must imperatively be returned in its original packaging. The Customer will enclose with their parcel a copy of the invoice as well as the return form provided by the customer relations service, which they will have previously requested by email: support@maisonvespera.fr

"Maison Vespera" will carry out a check regarding the non-conformity of the Product which, if confirmed, will automatically result in a refund to the Customer. This refund will be made to the bank account debited at the time of ordering the Product within thirty (30) days after "Maison Vespera" receives the non-compliant Product. This refund will also include reimbursement of the initial shipping costs if all the delivered Products are returned. If the entire order is not returned in full, no reimbursement of the initial shipping costs will be made.

Any risk related to the return of the Product remains the responsibility of the Customer.

7.2 Right of exchange

In the event of receipt of a non-compliant Product, and subject to the provisions of article 5.2, the Customer is authorized to exchange the non-compliant Product with "Maison Vespera" within thirty (30) days after receipt of the Product concerned.

ARTICLE 8 - LIABILITY OF "Maison Vespera"

"Maison Vespera" cannot be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a service interruption, the occurrence of bugs, an external intrusion or the presence of a computer virus.
Without prejudice to the provisions of the preceding paragraphs, the liability of "Maison Vespera", under these General Terms and Conditions of Sale, cannot be incurred — being in any event joint and several — and cannot exceed a sum equal to the sums paid or payable at the time of the transaction giving rise to the said liability for the "Maison Vespera" products as regards "Maison Vespera", whatever the cause or form of the action concerned.

ARTICLE 9 - INTELLECTUAL PROPERTY

9.1 Copyright

The Site is the full and complete property of "Maison Vespera". The latter holds the intellectual property rights necessary to put them online.

Both the general structure of the Site (graphic design) and its content (texts, slogans, graphics, images, sounds, videos), including the software, databases and newsletters (hereinafter the "Content"), are the property of "Maison Vespera" or of third parties authorized to use them, and are protected under copyright law. They grant no license or any right other than that of consulting the Site. The reproduction of all or part of the Site and its Content is only authorized for the exclusive purposes of information for personal and private use.

Therefore, in accordance with the provisions of the French Intellectual Property Code, any representation, reproduction, modification, distortion and/or use of the Content, by any process whatsoever and on any medium whatsoever, without the express prior authorization of "Maison Vespera", is prohibited and constitutes an act of copyright infringement.

Likewise, any unauthorized use of the Site and/or its Content engages the criminal and civil liability of the User on the basis of copyright infringement.

9.2 Distinctive signs

The trademarks, logos, company names, acronyms, trade names, signs and/or domain names of "Maison Vespera" and/or of its commercial partners mentioned on the Site constitute distinctive signs that cannot be used without the express prior authorization of their holder.

Any representation and/or reproduction and/or partial or total use of these distinctive signs is therefore prohibited and constitutes trademark infringement, pursuant to the provisions of the French Intellectual Property Code.

9.3 Hyperlinks

The hyperlinks set up within the Site towards other sites, and more generally towards any resources existing on the Internet, cannot engage the liability of "Maison Vespera".

Any creation of links to the Site, any framing of the Site, and more generally any use of the Content, is subject to the prior express authorization of "Maison Vespera", which may be revoked at any time at its sole discretion. "Maison Vespera" reserves the right to request the removal of any link to the Site that has not been, or is no longer, authorized, and to claim damages in compensation for the harm suffered as a result.

ARTICLE 10 - DATA PROTECTION

"Maison Vespera" collects the Customer's personal data, as well as, where applicable, that of the recipient of the Order. The Customer is informed that this automated processing of information has been the subject of a declaration to the CNIL. The purposes, recipients and conditions under which "Maison Vespera" collects and processes personal data are presented in the Site's "Personal Data Charter".

"Maison Vespera" has implemented security measures to protect the personal information you provide against unauthorized access and use. All financial information you provide on the Site is stored on the secure site of the financial institution chosen by "Maison Vespera". Transactions concluded on the Site are protected by an encryption process. Please be aware, however, that no data transmission over the Internet is 100% secure and that any information communicated online may potentially be intercepted and used by persons other than the intended recipient.

All personal data is subject to the provisions of Law no. 78-17 of 6 January 1978, as amended. As such, you have the right to access and have corrected or deleted data concerning you that is processed by "Maison Vespera", as well as the right to object to the processing of this data for direct marketing purposes, by contacting our Customer Service, by email, at support@maisonvespera.fr .

Where applicable, you must provide "Maison Vespera" with updates or changes to the information concerning you, including in particular that relating to your postal and/or email address, in order to allow us to ship your orders to the correct address and to contact you about them if necessary.

ARTICLE 11 - FORCE MAJEURE

Neither the Customer nor "Maison Vespera" may be held responsible for the total or partial non-performance of their obligations, if this non-performance is due to a fortuitous event or to the occurrence of an element constituting force majeure such as, in particular, and without this list being exhaustive, flooding, fire, storm, lack of raw materials, transport strike, partial or total strike, or lock-out, these various elements being assessed in relation to the applicable case law.

The party affected by such events must inform the other party as soon as possible and at the latest within five (5) business days of the occurrence of this event.

The Customer and "Maison Vespera" agree, in such a case, to consult each other as soon as possible in order to determine together the terms for performing the order during the period of the force majeure event.

ARTICLE 12 - PARTIAL INVALIDITY

If one or more provisions of these General Terms and Conditions of Sale are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, the other provisions will retain their full force and scope.

ARTICLE 13 - NO WAIVER

The fact that one of the parties to these General Terms and Conditions of Sale has not required the application of any clause, whether permanently or temporarily, may in no case be considered a waiver of that party's rights arising from the said clause.

ARTICLE 14 - ENTIRE AGREEMENT

These General Terms and Conditions of Sale, the General Terms and Conditions of Use and the order summary sent to the Customer form a contractual whole and constitute the entirety of the contractual relations between the Parties. Generally, it is expressly agreed between "Maison Vespera" and the Customer that emails will be authoritative between them, as will the automatic recording systems used on the Site, in particular as to the nature and date of the order.

The Customer may access, where applicable in accordance with the rules of common law, the electronic contract concluded between the Customer and "Maison Vespera".

To do so, they should contact Customer Service by email, providing all the information necessary for this, in particular the order number and their contact details.

ARTICLE 15 - CUSTOMER SERVICE – MEDIATION SERVICE

For any information, complaint or question relating to these General Terms and Conditions of Sale or to the Products themselves, the Customer should contact Customer Service by email: support@maisonvespera.fr

ARTICLE 16 - APPLICABLE LAW - DISPUTES

The law applicable to these General Terms and Conditions of Sale and to the related orders is French law.

Subject to any contrary provisions of the Code of Civil Procedure, any dispute that may arise concerning the validity, interpretation or performance of these general terms and conditions of sale and that has not been settled amicably by the parties hereto, will be submitted to the FRENCH courts, notwithstanding any plurality of PARTIES, summary proceedings or expert assessment.

Contact

support@maisonvespera.fr
4 rue Francois Ponsard, 75116 Paris

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