General Terms and Conditions of Sale

GENERAL TERMS AND CONDITIONS OF SALE

Effective as of 25/10/2021

ARTICLE 1 - Scope of application

These General Terms and Conditions of Sale (hereinafter the “GTCS”) apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers (“the Customers” or “the Customer”) wishing to purchase the products offered for sale (“the Products”) by the Seller on the website https://maison-damas.com. The Products offered for sale on the website are as follows: kitchen knives, kitchen accessories. The main characteristics of the Products, and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website https://maison-damas.com, which the Customer is required to review before placing an order. The choice and purchase of a Product are the sole responsibility of the Customer. Product offers are valid within the limits of available stock, as specified when the order is placed. These GTCS are accessible at any time on the website https://maison-damas.com  and shall prevail over any other document. The Customer declares that they have read these GTCS and accepted them by ticking the box provided for this purpose before implementing the online ordering procedure on the website https://maison-damas.com. Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.

The Seller’s contact details are as follows: Coolquoi, SARL, share capital of 1,500 euros, registered with the Toulouse Trade and Companies Register under number 898329032, 78 chemin de l'église de lalande, 31200 ToulouseEmail : support@maison-damas.com

Intracommunity VAT number FR24898329032

ARTICLE 2 - Price

The Products are supplied at the current prices shown on the website https://maison-damas.com, at the time the order is recorded by the Seller. Prices are stated in euros, including all taxes. The prices take into account any discounts that may be granted by the Seller on the website https://maison-damas.com. These prices are firm and non-revisable during their period of validity, but the Seller reserves the right, outside the period of validity, 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 website and calculated prior to placing the order. The payment requested from the Customer corresponds to the total amount of the purchase, including these fees. An invoice is issued by the Seller and given to the Customer upon delivery of the ordered Products, and for certain countries (outside the EU), customs duties shall be borne by the Customer.

ARTICLE 3 – Orders

It is up to the Customer to select on the website https://maison-damas.com  the Products they wish to order, according to the following procedure: the Customer chooses a product, adds it to their cart, and may delete or modify it before validating the order and accepting these general terms and conditions of sale. They then enter their contact details or log into their account and choose the delivery method. After the information is validated, the order will be deemed final and payment will be due from the Customer in accordance with the terms provided. Product offers are valid as long as they are visible on the website, within the limits of available stock. The sale will be deemed valid only after full payment of the price. It is the Customer’s responsibility to verify the accuracy of the order and to immediately report any error. Any order placed on the website https://maison-damas.com constitutes the formation of a distance contract between the Customer and the Seller. The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to payment of a previous order. The Customer may track the progress of their order on the website.

ARTICLE 3 Bis - Customer area - Account

In order to place an order, the Customer is invited to create an account (personal area). To do so, they must register by completing the form provided at the time of ordering and undertake to provide truthful and accurate information concerning their civil status and contact details, in particular their email address. The Customer is responsible for updating the information provided. They are informed that they may modify it by logging into their account. To access their personal area and order history, the Customer must identify themselves using their username and password, which will be provided after registration and are strictly personal. As such, the Customer is prohibited from disclosing them. Otherwise, they alone shall remain responsible for any use made of them. The Customer may also request deletion of their registration by going to the dedicated page in their personal area or by sending an email to: support@maison-damas.com. This will take effect within a reasonable period. In the event of non-compliance with the general terms and conditions of sale and/or use, the website https://maison-damas.com may suspend or even close a customer account after a formal notice sent electronically has remained without effect. Any account deletion, مهما the reason, results in the outright deletion of all of the Customer’s personal information. Any event due to force majeure resulting in a malfunction of the website or server and, subject to any interruption or modification in the event of maintenance, shall not engage the Seller’s liability. Creation of the account implies acceptance of these general terms and conditions of sale.

ARTICLE 4 - Payment terms

Payment is made by secure payment, according to the following methods:

• payment by bank card

Payment is due in cash by the Customer, in full on the day the order is placed. Payment data are exchanged in encrypted mode thanks to the protocol defined by the approved payment service provider handling bank transactions carried out on the website https://maison-damas.com. Payments made by the Customer will be deemed final only after effective collection by the Seller of the sums due. The Seller shall not be required to deliver the Products ordered by the Customer if the Customer does not pay the full price under the conditions stated above.

ARTICLE 5 - Deliveries

The Products ordered by the Customer will be delivered in mainland France. Deliveries take place within 3 working days after dispatch to the address indicated by the Customer when placing the order on the website. Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or where one or more Products are unavailable, the ordered Products will be delivered in a single shipment. The Seller undertakes to use its best efforts to deliver the Products ordered by the Customer within the above-mentioned deadlines. If the ordered Products have not been delivered within 15 days after the indicative delivery date, for any reason other than force majeure or the Customer’s fault, the sale may be terminated at the Customer’s written request under the conditions provided for in Articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be refunded no later than fourteen days following the date on which the contract is terminated, excluding any compensation or deduction. Deliveries are made by an independent carrier to the address mentioned by the Customer when placing the order and to which the carrier can easily access. When the Customer has personally arranged for a carrier of their own choosing, delivery is deemed to have been made as soon as the ordered Products are handed over by the Seller to the carrier, who accepts them without reservation. The Customer therefore acknowledges that it is the carrier’s responsibility to make delivery and that they have no recourse against the Seller under warranty in the event of failure to deliver the goods transported. In the event of a specific request from the Customer regarding the packaging or transport conditions of the ordered Products, duly accepted in writing by the Seller, the associated costs will be subject to additional specific invoicing, based on a quote previously accepted in writing by the Customer. The Customer is required to check the condition of the delivered Products. They have a period of 7 days from delivery to make claims by email, accompanied by all relevant supporting documents (including photos). After this period and in the absence of compliance with these formalities, the Products will be deemed compliant and free from any apparent defects, and no claim may be validly accepted by the Seller. The Seller will refund or replace, as soon as possible and at its own expense, the delivered Products whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in these GTCS. The transfer of risk of loss and deterioration relating thereto will only take place when the Customer physically takes possession of the Products. The Products therefore travel at the Seller’s risk, except where the Customer has chosen the carrier themselves. In this respect, the risks are transferred at the time the goods are handed over to the carrier.

ARTICLE 6 - Transfer of ownership

Ownership of the Products shall only be transferred from the Seller to the Customer once full payment of the price has been made 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 Customer do not benefit from the right of withdrawal. The contract is therefore concluded definitively as soon as the Customer places the order in accordance with the terms specified in these GTCS.

ARTICLE 8 - Seller’s liability - Warranties

The Products supplied by the Seller benefit from:

• the legal guarantee of conformity, for defective, damaged or broken Products or Products not corresponding to the order,

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

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

“The seller must deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. They are also liable for any lack of conformity resulting from packaging, assembly instructions or installation when this has been made their responsibility under the contract or carried out under their responsibility.” Article L217-5 of the French Consumer Code.

“The goods are in conformity with the contract:

1° If they are fit for the use ordinarily expected of similar goods and, where applicable:

- if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;

- if they have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or their representative, particularly 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 accepted by the latter.”

Article L217-12 of the French Consumer Code

“Actions arising from a lack of conformity are time-barred after two years from delivery of the goods.”

Article 1641 of the French Civil Code.

“The seller is bound by the warranty on account of hidden defects in the item sold which render it unfit for the use for which it is intended, or which so diminish that use that the buyer would not have acquired it, or would have paid only a lower price for it, had they known of them.”

Article 1648, paragraph 1 of the French Civil Code

“An action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.”

Article L217-16 of the French Consumer Code.

“When the buyer asks the seller, during the course of the commercial warranty granted to them at the time of purchase or repair of a movable item, to carry out repairs covered by the warranty, any immobilisation period of at least seven days shall be added to the remaining warranty period. This period runs from the date of the buyer’s request for intervention or from the time the item in question is made available for repair, if such availability is later than the request for intervention.”

To assert their rights, the Customer must inform the Seller in writing (email or post) of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered. The Seller will refund, replace or have repaired the Products or parts under warranty deemed non-compliant or defective. Shipping costs will be refunded on the basis of the amount charged, and return costs are free of charge. Refunds, replacements or repairs of Products deemed non-compliant or defective will be carried out as quickly as possible and no later than 7 days after the Seller has established the lack of conformity or hidden defect. This refund will be made using the original payment method.

The Seller shall not be held liable in the following cases:

• failure to comply with the legislation of the country in which the Products are delivered, which it is the Customer’s responsibility to verify,

• in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.

• The photographs and graphics presented on the website are non-contractual and shall not engage the Seller’s liability.

The Seller’s warranty is, in any event, limited to replacement or reimbursement of Products that are non-compliant or affected by a defect.

ARTICLE 9 - Personal data

The Customer 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 solely for the performance of the sales contract.

9.1 Collection of personal data

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

Account creation

When creating the Customer/user account: 

Surnames, first names, postal address, telephone number and email address.

Payment

As part of the payment for the Products offered on the website https://maison-damas.com, the site records financial data relating to the Customer’s/user’s bank account or credit card.

9.2 Recipients of personal data

Personal data is used by the Seller and its co-contractors for the performance of the contract and to ensure the efficiency of the sale and delivery of the Products.

The category or categories of co-contractor(s) are:

• Transport service providers

• Payment service providers

9.3 Data controller

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

9.4 Limitation of processing

Unless the Customer expressly agrees, their personal data is not used for advertising or marketing purposes.

9.5 Data retention period

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

9.6 Security and confidentiality

The Seller implements organisational, technical, software and physical measures in the field of digital security to protect personal data against alteration, destruction and unauthorised 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 the rights of Customers and users

In application of the regulations applicable to personal data, Customers and users of the website https://maison-damas.com have the following rights:

• They may update or delete the data concerning them as follows:

Send an email.

• They may delete their account by writing to the email address indicated in Article 9.3 “Data controller”

• They may exercise their right of access to learn about the personal data held about them by writing to the address indicated in Article 9.3 “Data controller”

• If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in Article 9.3 “Data controller”

• They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 “Data controller”

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

• Finally, they may object to the processing of their data by the Seller

These rights, provided that they do not conflict with the purpose of the processing, may be exercised by sending a request by post or email to the Data Controller whose contact details are indicated above.

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

If the Customer’s request is refused, reasons must be given.

The Customer is informed that, in the event of refusal, they may lodge a complaint with the CNIL (3 Place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.

The Customer may be invited to tick a box by which they agree to receive informative and promotional emails from the Seller. They will always have the option to withdraw their consent at any time by contacting the Seller (details 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 act of counterfeiting.

ARTICLE 11 - Applicable law - Language

These GTCS and the transactions arising from them are governed by and subject to French law. These GTCS are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail 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 GTCS. The Customer is informed that, in any event, they may use conventional mediation, through existing sectoral mediation bodies or any other alternative dispute resolution method (conciliation, for example) in the event of a dispute. 

In this case, the designated mediator is

Société médiation professionnelle

24 rue albert de mun, 33000 Bordeaux

mediateur-consommation-smp.fr

E-mail : saisine@mediateur-consommation-smp.fr. 

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

All disputes arising from purchase and sale transactions concluded under these GTCS and which have not been settled amicably between the seller