Terms of sale


GENERAL TERMS OF SALE

Effective as of 25/10/2021

ARTICLE 1 - Scope

These General Terms of Sale (referred to as "GTS") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("The Clients or the Client"), wishing to acquire the products offered for sale ("The Products") by the Seller on the website https://maison-damas.com. The Products offered for sale on the site are as follows: Kitchen knives, Kitchen accessories. The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity of the Products, are presented on the site https://maison-damas.com which the client must read before ordering. The choice and purchase of a Product are the sole responsibility of the Client. Product offers are subject to availability as specified at the time of ordering. These GTS are accessible at any time on the site https://maison-damas.com  and will prevail over any other document. The Client declares having read these GTS and accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the site https://maison-damas.com. Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Client.

The Seller's contact details are as follows: Coolquoi, SARL, Share capital of 1500 euros, Registered with the RCS of Toulouse, under the number 898329032, 12 rue Léonce Castelbou 31000 Toulouse

Email: [email protected]

Phone: 0536095238

Intra-Community VAT number FR24898329032

ARTICLE 2 - Price

The Products are provided at the current rates listed on the site https://maison-damas.com, at the time of order registration by the Seller. Prices are expressed in Euros including VAT. The rates take into account any discounts granted by the Seller on the site https://maison-damas.com. These rates are firm and non-revisable during their validity period, but the Seller reserves the right, outside the validity period, to modify the prices at any time. Prices do not include processing, shipping, transport, and delivery costs, which are charged additionally, under the conditions indicated on the site and calculated prior to the order being placed. The payment requested from the Client corresponds to the total amount of the purchase, including these fees. An invoice is issued by the Seller and given to the Client upon delivery of the ordered Products, and for certain countries (outside the EU), customs fees will be borne by the Client.

ARTICLE 3 – Orders

It is the Client's responsibility to select on the site https://maison-damas.com  the Products they wish to order, according to the following procedures: The Client chooses a product which they place in their basket, a product they can delete or modify before validating their order and accepting these general terms of sale. They will then enter their details or log into their account and choose the delivery method. After validating the information, the order will be considered final and will require payment from the Client according to the provided methods. Product offers are valid as long as they are visible on the site, within the limit of available stocks. The sale will only be considered valid after full payment of the price. It is the Client's responsibility to verify the accuracy of the order and immediately report any errors. Any order placed on the site https://maison-damas.com constitutes the formation of a contract concluded at a distance between the Client and the Seller. The Seller reserves the right to cancel or refuse any order from a Client with whom there exists a dispute related to the payment of a previous order. The Client can track the progress of their order on the site.

ARTICLE 3 Bis - Customer Area - Account

To place an order, the Client is invited to create an account (personal space). To do so, they must register by filling out the form that will be offered to them at the time of their order and commit to providing sincere and accurate information regarding their civil status and contact details, including their email address. The Client is responsible for updating the information provided. It is specified that they can modify it by logging into their account. To access their personal space and order history, the Client must identify themselves using the username and password that will be communicated to them after registration and which are strictly personal. As such, the Client is prohibited from disclosing them. Otherwise, they will remain solely responsible for any use made of them. The Client may also request their deregistration by going to the dedicated page on their personal space or by sending an email to: [email protected]. This will be effective within a reasonable time. In case of non-compliance with the general terms and conditions of sale and/or use, the site https://maison-damas.com will have the ability to suspend or even close a client's account after a formal notice sent electronically and remained without effect. Any account deletion, for whatever reason, results in the simple and complete deletion of all the Client's personal information. 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 acceptance of these general terms and conditions of sale.

ARTICLE 4 - Payment Terms

The price is paid by secure payment, according to the following modalities:

  • payment by credit card

The price is payable in full by the Client at the time the order is placed. Payment data is exchanged in encrypted mode thanks to the protocol defined by the approved payment provider involved in the banking transactions carried out on the site https://maison-damas.com. Payments made by the Client will only be considered final after actual receipt by the Seller of the amounts due. The Seller will not be obliged to proceed with the delivery of the Products ordered by the Client if they do not pay the full price under the conditions indicated above.

ARTICLE 5 - Deliveries

The Products ordered by the Client will be delivered in mainland France. Deliveries occur within 3 business days after dispatch to the address indicated by the Client when ordering on the site. Delivery consists of the transfer to the Client of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered at once. The Seller undertakes to make their best efforts to deliver the products ordered by the Client within the time limits specified above. If the Products ordered have not been delivered within 15 days after the indicative delivery date, for any reason other than force majeure or the Client's fault, the sale may be resolved at the written request of the Client under the conditions provided for in articles L 216-2, L 216-3, and L241-4 of the Consumer Code. The amounts paid by the Client will then be refunded to them no later than fourteen days following the date of termination of the contract, excluding any compensation or withholding. Deliveries are carried out by an independent carrier to the address provided by the Client when placing the order and to which the carrier can easily access. When the Client has arranged for a carrier of their own choosing, delivery is deemed to have been made as soon as the Products ordered by the Seller are handed over to the carrier who has accepted them without reservation. The Client acknowledges that it is the carrier's responsibility to deliver and has no recourse in terms of warranty against the Seller in case of non-delivery of the transported goods. In the event of a specific request by the Client regarding the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the related costs will be subject to a specific additional billing, based on a quote previously accepted in writing by the Client. The Client is required to verify the condition of the delivered products. They have a period of 7 days from delivery to make claims by email, accompanied by all relevant evidence (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed compliant and free from any apparent defect, and no claim will be validly accepted by the Seller. The Seller will refund or replace as soon as possible and at their expense, the Products delivered whose non-conformity defects or apparent or hidden defects have been duly proven by the Client, under the conditions provided for in articles L 217-4 and following of the Consumer Code and those provided for in these GTC. The transfer of risks related to loss and deterioration will only occur when the Client physically takes possession of the Products. The Products therefore travel at the Seller's risk except when the Client has chosen the carrier themselves. In this case, the risks are transferred at the time of handover of the goods to the carrier.

ARTICLE 6 - Transfer of Ownership

The transfer of ownership of the Products from the Seller to the Client will only occur after full payment of the price by the latter, regardless of the delivery date of said Products.

ARTICLE 7 - Right of Withdrawal

Given the nature of the Products sold, orders placed by the Client do not benefit from the right of withdrawal. The contract is therefore definitively concluded as soon as the order is placed by the Client according to the terms specified in these GTC.

ARTICLE 8 - Seller's Responsibility - Warranties

The Products provided by the Seller benefit from:

  • the legal warranty of conformity, for defective, damaged, or non-compliant Products,

  • the legal warranty against hidden defects resulting from a material, design, or manufacturing defect affecting the delivered products and rendering them unfit for use,

Provisions relating to legal guarantees: Article L217-4 of the Consumer Code.

“The seller is required to deliver a good in conformity with the contract and is responsible for any conformity defects existing at the time of delivery. They are also responsible for conformity defects resulting from packaging, assembly instructions, or installation when it has been contractually assigned to them or carried out under their responsibility.” Article L217-5 of the Consumer Code.

“The good is in conformity with the contract:

1° If it is suitable for the ordinarily expected use of a similar good and, if applicable:

- if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;

- if it presents the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, especially in advertising or labeling;

2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to 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 good. »

Article 1641 of the Civil Code.

« The seller is liable for the warranty due to hidden defects of the sold item that render it unfit for the use for which it is intended, or that diminish such use to such an extent that the buyer would not have acquired it, or would have given a lesser price, if they had known about them. »

Article 1648 paragraph 1 of the Civil Code

« The action resulting from redhibitory defects must be initiated by the purchaser within two years from the discovery of the defect. »

Article L217-16 of the Consumer Code.

« When the buyer requests from the seller, during the course of the commercial warranty granted to them at the time of the acquisition or repair of a movable good, a restoration covered by the warranty, any immobilization period of at least seven days is added to the duration of the warranty that remained to run. This period starts from the buyer's request for intervention or from the provision for repair of the item in question, if this provision is later than the request for intervention. »

In order to assert their rights, the Client must inform the Seller, in writing (email or letter), of the non-conformity of the Products or the existence of hidden defects from their discovery. The Seller will refund, replace, or repair the Products or parts under warranty deemed non-compliant or defective. Shipping costs will be reimbursed based on the invoiced rate and return costs are free. Refunds, replacements, or repairs of Products deemed non-compliant or defective will be carried out as soon as possible and at the latest within 7 days following the Seller's acknowledgment of the non-conformity or hidden defect. This refund will be made on the initial payment method.

The Seller's liability cannot be engaged in the following cases:

  • non-compliance with the legislation of the country in which the products are delivered, which it is up to the Client to verify,

  • in case of misuse, use for professional purposes, negligence or lack of maintenance by the Client, as in cases 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 Seller's responsibility.

The Seller's warranty is, in any case, limited to the replacement or refund of non-compliant or defective Products.

ARTICLE 9 - Personal data

The Client is informed that the collection of their personal data is necessary for the sale of the Products by the Seller as well as for their transmission to third parties for the purposes of delivering the Products. This personal data is collected only for the execution of the sales contract.

9.1 Collection of personal data personnel

The personal data collected on the site https://maison-damas.com are as follows:

Account Opening

When creating the Client / user account: 

Names, first names, postal address, phone number, and email address.

Payment

As part of the payment for Products offered on the site https://maison-damas.com, it records financial data related to the Client / user's bank account or credit card.

9.2 Recipients of personal data

The personal data is 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 category(ies) of co-contractor(s) is (are):

  • Transport service providers

  • Payment establishment providers

9.3 Data controller

The data controller is the Seller, within the meaning of the Data Protection Act and from May 25, 2018, of Regulation 2016/679 on the protection of personal data.

9.4 Limitation of processing

Unless the Client gives express consent, their personal data is not used for advertising or marketing purposes.

9.5 Data retention period

The Seller will keep the data collected for a period of 5 years, covering the time of the applicable contractual civil liability limitation period.

9.6 Security and confidentiality

The Seller implements organizational, technical, software, and physical measures in terms of digital security to protect personal data against alterations, 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 Implementation of Clients and users' rights

In application of the applicable regulations on personal data, Clients and users of the site https://maison-damas.com have the following rights:

  • They can update or delete the data concerning them in the following way:

Send an email.

  • They can delete their account by writing to the email address indicated in article 9.3 "Data controller"

  • 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 can request the update of the information by writing to the address indicated in article 9.3 "Data controller"

  • They can request the deletion of their personal data, in accordance with the applicable data protection laws by writing to the address indicated in article 9.3 "Data controller"

  • They can also request the portability of the data held by the Seller to another provider

  • Finally, they can oppose the processing of their data by the Seller

These rights, as long as they do not oppose the purpose of the processing, can be exercised by sending a request by mail or email to the Data controller whose coordinates are indicated above.

The data controller must provide a response within a maximum period of one month.

If the request from the Client is refused, it must be justified.

The Client is informed that in case of refusal, they can file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or bring the matter before a judicial authority.

The Client may be invited to check a box indicating that they agree to receive informational and promotional emails from the Seller. They will always have the option to withdraw their consent at any time by contacting the Seller (coordinates above) or by following the unsubscribe link.

ARTICLE 10 - Intellectual Property

The content of the website https://maison-damas.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement.

ARTICLE 11 - Applicable Law - Language

These GTC and the operations resulting from them are governed and subject to French law. These GTC are written in the French language. In the event that they are translated into one or more foreign languages, only the French text will be authoritative in the event of a dispute.

ARTICLE 12 - Disputes

For any complaint, please contact customer service at the postal or email address of the Seller indicated in ARTICLE 1 of these GTC. The Client is informed that they can, in any case, resort to conventional mediation, with existing sectorial mediation bodies, or any alternative dispute resolution method (conciliation, for example) in case of dispute. 

In this case, the appointed mediator is

Professional Mediation Society

24 rue Albert de Mun, 33000 Bordeaux

mediateur-consommation-smp.fr

Email: [email protected]. 

The Client is also informed that they can also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes related to purchase and sale operations concluded in application of these GTC that have not been amicably resolved between the seller