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Terms of sale

I - Preamble

  • Scope of application

The present General Terms and Conditions of Sale (hereinafter the "GTCS") as well as the sections entitled "Personal Data" and "Legal Information" are applicable to the merchant website www.maiyaparis.com (hereinafter "the MAÏYA online store"), offering the sale of MAÏYA-brand bath products and accessories (hereinafter the "Products") for delivery in mainland France, Corsica, Monaco, Germany, Austria, Belgium, Estonia, Spain, France, Italy, Italy, Portugal, Spain, Sweden, Switzerland, Switzerland and the United Kingdom, Spain, Estonia, Finland, Greece, Ireland, Italy, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Slovakia, Slovenia, the United States, Canada, Lebanon, the United Arab Emirates and the United Kingdom (hereinafter the "Territory").

By placing an order on the MAÏYA online store, the customer (hereafter the "Customer") fully accepts these terms and conditions. These terms and conditions may be saved and/or printed and are accessible from all MAÏYA online store pages. These terms and conditions may be modified at any time. The applicable terms and conditions are those accepted by the Customer when placing an order, and which are accessible from the order confirmation e-mail.

  • MAÏYA

The "www.maiyaparis.com" website (hereinafter the "Site"), which features MAÏYA's online boutique, is published by MAÏYA. 

  • The Customer

 MAÏYA's online boutique enables MAÏYA to offer the sale of Products to non-professional customers who are consumers, over 18 years of age and with full legal capacity. Sales are made at retail for strictly personal use.

  • MAÏYA online store customer service

 If you have any questions regarding your order, MAÏYA provides a Customer Service department which can be reached: via the MAÏYA online store using the contact form.

  • Products

 The Products offered for sale on the MAÏYA online store are described and presented with the greatest possible precision (specifications, illustrations, size, composition, etc.). The choice and purchase of a Product are the sole responsibility of the customer.

  • Price

 The prices applied are those shown on the MAÏYA online boutique at the time of the order. The Customer is therefore invited to pay attention to the price in force at the time of the order, which is brought to his/her attention when the product is placed in the shopping basket. Prices will be displayed in Euro (€) inclusive of tax, and do not take into account the costs of delivery of the order (hereinafter the "Delivery Costs"). These Delivery Costs will be indicated to the Customer on the shopping cart validation page and on the order summary page, before the order is validated and paid for.

 

II - Ordering

  • Order process

The Customer is invited to select the Products and add them to the shopping cart by clicking on the "Add to cart" button. At any time, the Customer may delete Products from the shopping basket display page, either by clicking on the "Shopping basket" icon available on all MAÏYA e-boutique pages in the top right-hand corner.

The customer is invited to consult the order summary by clicking on the "View basket" button. At this stage, they can check the details of their order, identify any errors made in data entry and correct them.

After validating the basket by clicking on the "Complete my purchases" button, the Customer will be asked to :

  • Confirm your delivery and billing address, or indicate a new delivery address for the Territory and/or billing address.
  • The customer must then read the present General Terms and Conditions of Sale and explicitly accept them by ticking the box "I have read and accept the General Terms and Conditions of Sale" before proceeding with payment of the order.
  • They will then be invited to pay for their order by clicking on the "Proceed to payment" button, giving access to secure payment for their order.
  • Once payment has been confirmed, the Customer will receive an e-mail confirming the order, immediately and before delivery at the latest.
  • The Customer formally accepts the use of electronic mail for MAÏYA's confirmation of the content of the order.

 

  • Product availability

Product offers are subject to availability. Information on the availability of Products is provided at the time the order is placed, on the Product page. The Customer may then request to be informed of the future availability of the Product(s) by e-mail. If, despite MAÏYA's vigilance, the Products ordered are no longer available, MAÏYA will inform the Customer by any means (telephone call or e-mail) as soon as possible. No debit corresponding to the unavailable Product(s) will be made to the Customer's bank account in the event of the unavailability of one or more Products.

  • Order cancellation

The customer always has the possibility of exercising his right of withdrawal, the terms of which are described in article 5 below.

MAÏYA reserves the right to refuse to honour the order in the event of a dispute with the Customer, until the dispute has been resolved. In such cases, the Customer will be informed by e-mail of the cancellation of the order and will be reimbursed for any sums paid prior to the cancellation of the order by MAÏYA.

 

III - Payment

Orders can only be paid for by credit card or paypal.

Carte Bleue, Visa, Mastercard and American Express cards are accepted.

MAÏYA has set up a secure payment system for all orders placed on the MAÏYA online store. Payments are made on an external platform via a payment service provider - PAYPAL - that complies with PCI DSS security standards.

IV - Delivery and acceptance of products

  • Terms of delivery

MAÏYA only delivers Products ordered in mainland France, Corsica, Monaco, Germany, Austria, Belgium, Spain, Estonia, Finland, Greece, Ireland, Italy, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Slovakia, Slovenia and the United Kingdom. Delivery takes place within a maximum of thirty (30) days from receipt of the order confirmation e-mail. Delivery takes place from Monday to Saturday. The customer will be informed by e-mail when the parcel has been picked up by the carrier, and of the exact delivery date. Information concerning delivery can also be accessed from the basket validation page, as well as on the order summary page, prior to payment. No delivery will be made by MAÏYA if full payment is not received.

  • Delivery charges

Delivery costs depend on where orders are being shipped.

For France and European Union countries: €10.
For French overseas departments: €15.
Any other countries: €20 (€12)

Where applicable, delivery charges are to be added to the total price of the order.

  • Receiving products

Upon delivery of the order, the Customer must check the conformity and condition of the order and, if necessary, express any reservations concerning apparent defects (missing product, damaged parcel). The Customer is invited to contact MAÏYA's Customer Service Department within fourteen (14) working days of receipt of the products. Unless there is a legitimate reason, any complaint made after this deadline will be considered inadmissible.

  • Back to product

Customers have the right to return Products to MAÏYA without giving any reason, in accordance with the conditions set out in article 5 below. For any reason other than the right of withdrawal (non-conforming or damaged product, error in the content of the order, etc.), the Customer is invited to contact MAÏYA's Customer Service Department, who will provide the necessary information to satisfy the Customer's request as far as possible and, if necessary, to make a new delivery.

  

V- Right of withdrawal

  • The right of withdrawal

The Customer may, without giving any reason, withdraw from his order within fourteen (14) calendar days from the date of receipt of the product(s) ordered, the date shown on the carrier's receipt signed by the Customer being taken as proof. When this fourteen (14) day period expires on a Saturday, Sunday or public holiday, it is extended to the next working day.

To exercise his right of withdrawal, the customer may notify his decision to withdraw:

  • By sending MAÏYA an unambiguous declaration of withdrawal on plain paper by e-mail or post. This declaration must be sent, together with details of the items and quantities returned, as well as the Customer's name, postal address, order number and, if possible, telephone number and e-mail address, to the following address: 7 rue vital 75116, Paris, France.
  • In any event, Products must be returned within fourteen (14) calendar days from the date of notification of the exercise of the right of withdrawal, in accordance with the procedures described below (point 5.2).

 

  • Return policy

To return a Product(s), the Customer must send the Product(s) by post to MAÏYA at the following address within fourteen (14) days from the date of notification of the exercise of the right of withdrawal: 7 rue Vital 75116, Paris.

All Products must be returned in new condition and in their original packaging. In the event of depreciation of the Product resulting from handling other than that necessary to establish the nature and characteristics of the Product, MAÏYA reserves the right to refuse reimbursement or exchange of the Product. MAÏYA will not issue any refunds if the Products returned by the Customer do not correspond to the Product(s) ordered, or if they have originated from a source other than MAÏYA's online boutique. In the case of swimwear, the sanitary protection must under no circumstances show that it has been removed and then put back on.

MAÏYA will provide the customer with a prepaid voucher to return the product free of charge. However, MAÏYA will not reimburse any return shipping costs if the customer chooses not to use the prepaid label provided.

  • Order refund

MAÏYA will reimburse the returned Products in accordance with the terms and conditions set out in points 5.1 and 5.2, as well as, where applicable, the Delivery Costs paid by the Customer by crediting the bank card used for payment. In the event of a partial return of Products, MAÏYA will not reimburse the Delivery Costs, provided that the Customer has taken advantage of the delivery service for the Products retained.

Reimbursement will be made within a maximum period of fourteen (14) days following (i) the return of the Products or (ii) the date on which the Customer provided proof of shipment of the Products (the date being that of the first of these events).

 

VI - Limitation of liability

MAÏYA cannot be held responsible for the non-execution of one of its obligations if the poor execution of the contract results either from a case of force majeure, or from the Customer's own actions, or from the unforeseeable and insurmountable actions of a third party to the contract.

 

VII - Legal warranties

  • Non-conformity and hidden defects

MAÏYA is bound by the legal warranty of conformity and that relating to defects in the goods sold (1).

The Customer is invited to check the conformity of the Products received in fulfilment of his/her order and, in the event of a defect being detected, to contact MAÏYA's Customer Service department, who will take charge of the matter and inform the Customer of the method of return and replacement or reimbursement.

MAÏYA will replace or repair the returned Product after receipt and examination of the Product in question.

The Customer:

- has a period of two years from the date of delivery of the property to take action;

- when repair is possible, may choose between repair or replacement of the good, subject to the cost conditions stipulated in article L. 211-9 of the French Consumer Code;

The legal warranty of conformity applies independently of any commercial warranty.

The customer may decide to invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code, and in this case may choose between rescission of the sale or a reduction in the purchase price in accordance with article 1644 of the French Civil Code.

(1) Article L211-4 of the French Consumer Code: The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility.

Article L211-5 of the French Consumer Code: To conform to the contract, the good must :

1º Be fit for the use ordinarily expected of similar goods and, where applicable:

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

- have the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2º Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

However, the seller may not proceed according to the buyer's choice if this choice would entail a cost that is manifestly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. In this case, the seller is obliged to proceed according to the method not chosen by the buyer, unless this is impossible.

Article L211-12 of the French Consumer Code: Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.

Article 1641 of the French Civil Code: The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.

Article 1644 of the Civil Code: In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded.

Article 1648 paragraph 1 of the French Civil Code: Actions resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.

  • Warranty exclusions

If the Products returned by the Customer do not correspond to the Products ordered and have originated from a source other than MAÏYA's online Boutique, MAÏYA will not be bound by its obligations described in articles 8.1 and 8.2 above.

 

VIII - Personal data

In accordance with the French Data Protection Act 78-17 of January 6, 1978, customers have the right to access their personal data.

 

IX - Intellectual property

MAÏYA and/or its affiliated companies worldwide is/are the owner(s) of the domain name " www.maiyaparis.Com ". The Site is an intellectual work protected by intellectual property laws. The Site as a whole, as well as the products sold on it, and each of its components (such as films, photographs, logos, trademarks, drawings or models, texts, tree structures, software, animations, illustrations, diagrams) are the exclusive property of MAÏYA and/or its affiliated companies worldwide, which is/are the only party(ies) entitled to use the related intellectual property rights.

When you use a "Share" function offered on the Site in order to introduce a MAÏYA brand product, you acknowledge and accept that the content made available for sharing must only be used for purely personal purposes, to the exclusion of any commercial use on websites or pages and/or any other digital medium for commercial purposes.

Hyperlinks to this website may only be created with MAÏYA's prior written authorisation, which may be revoked at any time.

All sites with a hypertext link to the Site are not under MAÏYA's control and MAÏYA therefore declines all responsibility (in particular editorial responsibility) concerning access to and the content of these sites.

MAÏYA is free to modify the content of the Site at any time and without prior notice.

 

X - RGPD and personal data protection

In accordance with the European regulation on the protection of personal data, you have the right to question, access, modify, oppose and rectify your personal data. By accepting these general terms and conditions of sale, you consent to the collection and use of such data for the performance of this contract.

 

XI - Applicable law / Disputes

These General Terms and Conditions are governed by French law, to the exclusion of any provisions referring to the application of foreign law.

In the event of a dispute relating to the MAÏYA online store, an amicable solution will be sought. Failing this, the French courts will have territorial jurisdiction to hear any dispute, with the exception of the provisions of the GTS which refer to the jurisdiction of a foreign court.