General conditions of sale

Effective as of 09/27/2022  

ARTICLE 1 - Scope of application

These General Terms and Conditions of Sale (hereinafter referred to as "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("Customers or the Customer"), wishing to acquire the products offered for sale ("Products") by the Seller on the website maison-aimi.fr.

The Products offered for sale on the site are as follows:   Infusion of roasted barley in bulk under the name of "mugicha"

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 maison-aimi.fr website, which the customer is required to read before ordering.

The choice and purchase of a Product are the sole responsibility of the Customer. Product offers are subject to availability of stock, as specified when the order is placed.

These T&Cs are accessible at any time on the maison-aimi.fr website and will prevail over any other document.

The Customer declares having read these General Terms and Conditions and having accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the maison-aimi.fr website.

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:  

Charlotte Chronberg 27 rue Morand, 75011 PARIS

Micro-enterprise under KBIS registration number: 841 416 209 RCS Paris

Intra-Community VAT number FR82841416209

Email: charlotte.chronberg@gmail.com

Phone: 0660726089  

The Products presented on the maison-aimi.fr website are offered for sale in the following territories: France, Belgium, Luxembourg, Germany, Spain, Portugal, Italy and the Netherlands.

In the event of an order to a country other than mainland France, the Customer is the importer of the Product(s) concerned. For all Products shipped outside the European Union and DOM-TOM, the price will be calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility of and are the sole responsibility of the Customer.

ARTICLE 2 - Prices

The Products are provided at the current prices appearing on the maison-aimi.fr website, when the order is registered by the Seller.

Prices are expressed in Euros and excluding VAT only due to the legal regime of the micro-entrepreneur, not subject to intra-community VAT.

VAT is not applicable according to article 293 B of the CGI.

The prices take into account any reductions that may be granted by the Seller on the maison-aimi.fr website.

These prices are firm and not 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 shipping and delivery costs, which are charged in addition, under the conditions indicated on the site and calculated prior to placing the order. Shipping and delivery costs may vary depending on the amount, weight of the Order and/or the country of shipment.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice drawn up by the Seller including the various elements of the Order will be sent by email to the Customer.

ARTICLE 3 – Orders

 It is up to the Customer to select on the maison-aimi.fr website the Products that he wishes to order, according to the following terms:  

The customer goes to the maison-aimi.fr website and adds a product to their basket. They must then validate their basket in order to proceed to payment. They choose their delivery method, their payment method (via credit card) and proceed with the purchase.

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 Customer's responsibility to check the accuracy of the order and to immediately report any errors.

Any order placed on the maison-aimi.fr website constitutes the formation of a contract concluded remotely 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 the payment of a previous order, but also in the event of non-payment or payment incident.

The Customer will be able to follow the progress of his order via automatic emails sent by the Seller.

 ARTICLE 4 - Payment conditions

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

  •   payment by credit card

 The price is payable in cash by the Customer, in full on the day the order is placed.

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider Mollie, which handles banking transactions carried out on the maison-aimi.fr website.

Payments made by the Customer will only be considered final after actual collection by the Seller of the amounts due.

The Seller will not be required to deliver the Products ordered by the Customer if the latter does not pay the price in full under the conditions indicated above.  

ARTICLE 5 - Payment conditions

The payment security protocol used is MOLLIE. It guarantees total confidentiality of personal information transmitted over the Internet. Thus, the information relating to the Customer's bank card is not stored on the Site and their payment can only be viewed in encrypted form using the SSL protocol (confirmed by the appearance of "https" in the URL displayed in their browser). The Customer's banking data is stored on the MOLLIE company server in encrypted form only and is only kept for the period strictly necessary for the management of the Customer relationship and will in no case exceed 2 years from the last Order.

Saving the Customer's banking information is not mandatory to Order on the Site. In accordance with the Data Protection Act of 6 January 1978, the Customer has the right, at any time, to access, rectify and oppose all of their personal data by writing, and providing proof of identity, to hello@maison-aimi.fr.  

ARTICLE 6 - Deliveries

The Products ordered by the Customer will be delivered in mainland France or in the following area(s): Belgium, Luxembourg, Germany, Spain, Portugal, Italy and the Netherlands.

Deliveries take place within 24 to 48 hours (working days) to the address indicated by the Customer when ordering on the site for home deliveries in mainland France only. Deliveries to a relay point via the Mondial Relay service provider take place within 3 days (working days) to the address indicated by the Customer when ordering on the site.

Deliveries outside mainland France take place within 3 to 5 days (working days) to the address indicated by the Customer when ordering on the site.

Delivery consists of the transfer to the Customer of physical possession or control of the Product.

Except in special cases or in the unavailability of one or more Products, the Products ordered will be delivered in one go.

Deliveries are made by La Poste or Mondial Relay (depending on the Customer's choice) to the Customer's home or to any other address of their choice (to be specified in the delivery form) provided that they are located in the areas listed above. They are made to the address specified by the Customer when ordering and which the carrier can easily access.

The delivery costs are those indicated when validating the Order basket.

The Seller undertakes to make every effort to deliver the products ordered by the Customer within the timeframes specified above and to ensure their compliance with the description appearing on the Site on the date of the Order.

It is specified that Orders registered on the Site on Friday afternoon, Saturday or Sunday will only be processed on the following Monday. Furthermore, Orders registered on the Site on a (French) public holiday will also only be processed on the following working day.

If the Products ordered have not been delivered within 30 days after the indicative order date, for any reason other than force majeure or the actions of the Customer, the sale may be cancelled at the written request of the Customer under the conditions set out in Articles L 216-2, L 216-3 and L241-4 of the Consumer Code to the email address hello@maison-aimi.fr. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding.  

In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the costs related thereto will be subject to specific additional invoicing, on a quote previously accepted in writing by the Customer.

The Seller guarantees that the Products are in perfect condition when delivered to the carrier.

The Products travel at the risk of the carrier. As such, the risks are transferred at the time of delivery of the goods to the carrier. The Customer is required to check the condition of the delivered products. The Customer's complaints must be made in writing to the carrier upon delivery, or no later than 4 hours after delivery. A copy of these complaints must be sent by email to hello@maison-aimi.fr, accompanied by all supporting documents relating thereto (photos in particular).

After this period and in the absence of compliance with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no claim may be validly accepted by the Seller. The Seller will reimburse or replace as soon as possible and at its own expense, the Products delivered 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 Consumer Code and those provided for in these General Terms and Conditions. The transfer of risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products.

ARTICLE 7 - Transfer of ownership

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

ARTICLE 8 - Right of withdrawal

According to the terms of article L221-18 of the Consumer Code, the Customer has a right of withdrawal which he can exercise within a maximum period of fourteen (14) clear days from the day of receipt of the Product(s) concerned without having to justify the reason.

The right of withdrawal may be exercised online, using the Withdrawal Form - Maison Aimi and also available on the site or any other declaration, free of ambiguity, expressing the desire to withdraw and in particular by postal mail addressed to the Seller at the postal address indicated in ARTICLE 1 of the T&Cs or by email to the address hello@maison-aimi.fr.   Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold as new, accompanied by the purchase invoice. Damaged, soiled or incomplete Products will not be accepted. The return costs remain the responsibility of the Customer. The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions set out in this article.

 ARTICLE 9 - Seller's Liability - Guarantees

 The Products supplied by the Seller benefit from:

  •   of the legal guarantee of conformity, for defective, damaged or damaged Products or those not corresponding to the order,
  •   of the legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting the products delivered and making them unfit for use,

Provisions relating to legal guarantees Article L217-4 of the Consumer Code "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. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed on him by the contract or has been carried out under his responsibility."

Article L217-5 of the Consumer Code “The property complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable:

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

- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;

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, brought to the attention of the seller and which the latter has accepted.

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 bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them."

Article 1648 paragraph 1 of the Civil Code “The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.”

Article L217-16 of the Consumer Code. "When the buyer requests the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or from the provision for repair of the good in question, if this provision is subsequent to the request for intervention."

In order to assert his rights, the Customer must inform the Seller, in writing (email or letter), of the non-conformity of the Products or the existence of hidden defects from the time of their discovery.

The Seller will refund, replace or repair any Products or parts under warranty deemed non-compliant or defective. Shipping costs will be refunded based on the rate charged and return costs will be refunded upon presentation of supporting documents. Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within 14 days following the Seller's discovery of the lack of conformity or hidden defect. This refund may be made by bank transfer or check.

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

  •   non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check,
  •   in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
  •   The photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of Products that are non-compliant or affected by a defect.

 

ARTICLE 10 - Personal data

 The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as their transmission to third parties for the purposes of delivery of the Products and payment of the Order. This personal data is collected solely for the execution of the sales contract.    

10.1 Collection of personal data

The personal data collected on the maison-aimi.fr website are as follows:  

Product Order: When ordering Products by the Customer: Names, first names, postal address and email address.

Payment

As part of the payment for the Products offered on the maison-aimi.fr website, the latter transfers the financial data relating to the Customer/user's bank account or credit card to the MOLLIE payment system. The Customer's banking data is stored on the MOLLIE company server in encrypted form only and is only kept for the period strictly necessary for the management of the Customer relationship and will in no case exceed 2 years from the last Order. MOLLIE, like STRIPE, is a financial institution that allows online payments to be accepted. MOLLIE acts as a data controller according to the EU GDPR because as a financial institution it determines which personal data must be processed for the correct execution of a payment. MOLLIE may need the Customer's personal data such as: payment data (e.g. bank account or credit card number), IP address, internet browser and your device type, in some cases first and last name, in some cases address, in some cases email address and/or telephone number, in some cases information about the product or service that the Customer has purchased from the Seller.  

10.2 Recipients of personal data

Personal data is used by the Seller and its co-contractors for the execution of the contract and to ensure the effectiveness of the sale and delivery of the Products. The category(ies) of co-contractor(s) is (are):

  •   Transport providers
  •   Payment institution providers

10.3 Data controller

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

10.4 limitation of processing

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

10.5 Data retention period

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

10.6 Security and Privacy

The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, 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.

10.7 Implementation of Client and User Rights

In accordance with the regulations applicable to personal data, Customers and users of the maison-aimi.fr website have the following rights:

The Customer has the right of access to know the personal data concerning them by connecting to their account via the website or by sending an email to hello@maison-aimi.fr

The Customer has the right to rectify their personal data. If the personal data held by the Seller is inaccurate, they can request that the information be updated by logging into their account via the website or by sending an email to hello@maison-aimi.fr.

The Customer also has the right to delete their personal data. They can request the deletion of their personal data, in accordance with applicable data protection laws, by sending an email to hello@maison-aimi.fr .

The Customer may also request the portability of data held by the Seller to another service provider.

Finally, the Customer may object to the processing of their data by the Seller.

They can delete their account by sending an email to hello@maison-aimi.fr .

These rights, provided that they do not conflict with the purpose of the processing, may be exercised by sending a request by post to the Seller at the postal address indicated in ARTICLE 1 of the T&Cs or by email to the address hello@maison-aimi.fr.

The data controller must provide a response within a maximum of one month. In the event of refusal to comply with the Client's request, reasons must be given. The Customer is informed that in the event of refusal, he/she may file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or contact a judicial authority. The Customer may be asked to check a box to agree to receive informative and advertising emails from the Seller. The Customer will always have the option to withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

ARTICLE 11 - Intellectual property

 The content of the maison-aimi.fr site 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 of copyright.

 

ARTICLE 12 - Applicable law - Language

 These General Terms and Conditions and the operations resulting from them are governed by and subject to French law. These General Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be authentic in the event of a dispute.

 

ARTICLE 13 - Disputes

For any complaints, please contact customer service at the Seller's postal or email address indicated in ARTICLE 1 of these T&Cs.

The Client is informed that he may in any event resort to conventional mediation, with existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.

In this case, the appointed mediator is The Paris court Courthouse of Paris, 75 859 PARIS Cedex 17 https://www.tribunal-de-paris.justice.fr/

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

All disputes arising from purchase and sale transactions concluded under these General Terms and Conditions and which have not been settled amicably between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.