TERMS AND CONDITIONS OF SALE - INTERNET
Effective from 15/05/2018
ARTICLE 1 - GENERAL
These General Conditions of Sale (so-called "Terms") apply, without restriction or reservation to all sales concluded by the Seller from non-professional buyers ("Customers or Customer"), wishing to acquire the products offered for sale ("The Products") by the Seller on the website www.maaya.fr. Products offered for sale on the site are the following:
● Organic and natural products
The main features of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products are presented on the website www.maaya.fr which the customer is obliged to read before ordering.
The choice and the purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to availability, as specified at the time of placing the order.
These Terms and Conditions are accessible at any time on the website www.maaya.fr and will prevail over any other document.
The Customer declares to have taken knowledge of the present T&C and to have accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure of the site www.maaya.fr.
Unless proved otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Seller's contact information is as follows:
FOOD WORLD, SARL
Share capital of 7624,00 euros
Registered at the RCS de Evry, under the number 439366931
Center Cial Grigny 2, 91350 Grigny FRANCE
VAT number FR 09 439 366 931
The Products presented on the website www.maaya.fr are offered for sale for the following territories:
Metropolitan France, Corsica, Monaco, DOM-TOM and Europe.
In case of order to a country other than metropolitan 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 at the expense and are the sole responsibility of the Customer.
ARTICLE 2 – Price
The Products are supplied at the rates in effect on the website www.maaya.fr,at the time of registration of the order by the Seller.
The prices are expressed in Euros, TTC.
The rates take into account possible reductions that would be granted by the Seller on the website www.maaya.fr.
These prices are firm and not revisable during their period of validity but the Seller reserves the right, outside the period of validity, to change prices at any time.
Prices do not include processing, shipping, transport and delivery charges, which are charged in addition, under the conditions indicated on the site and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is established by the Seller and delivered to the Customer upon delivery of the Products ordered.
ARTICLE 3 – Orders
It is up to the Customer to select on the site www.maaya.fr the Products he wishes to order, according to the following modalities:
Product offers are valid as long as they are visible on the site, while stocks last.
The sale will be considered valid only after full payment of the price. It is the Customer's responsibility to check the accuracy of the order and report any errors immediately.
Any order placed on the site www.maaya.fr constitutes the formation of a contract concluded at a distance 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 over the payment of a previous order.
The Customer will be able to follow the evolution of his order on the site.
ARTICLE 4 - Terms of payment
The price is paid by way of secure payment, according to the following terms:
● payment by credit card
● or payment by bank transfer to the Seller's bank account (whose details are communicated to the Customer when placing the order)
For payment by credit card, debit card is only made at the time of shipment of the order.
The payment data is exchanged in encrypted mode thanks to the protocol defined by the authorized payment service provider for banking transactions carried out on the website www.maaya.fr.
Payments made by the Customer will not be considered final until the Seller has actually collected the sums due.
The Seller will not be obliged to proceed to the delivery of the Products ordered by the Customer if it does not pay the price in full in the conditions above indicated.
ARTICLE 5 – Deliveries.
Products ordered by the Customer will be delivered in Metropolitan France or in the following areas: Corsica, Monaco, DOM-TOM and Europe.
Deliveries occur within 48 hours in metropolitan France, 48h to 96h in Europe at the address indicated by the Customer when ordering on the site.
The delivery consists of the transfer to the Customer of physical possession or control of the Product.
Except in the special case or unavailability of one or more Products, the Products ordered will be delivered at one time.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time specified above.
However, these deadlines are given as an indication.
If the Products ordered have not been delivered within 48h working days after the indicative date of delivery, for any reason other than force majeure or the fact of the Customer, the sale may be resolved at the written request of the Customer under the conditions provided for in Articles L 216-2, L 216-3 and L241-4 of the Consumer Code.
The sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or retention.
In case of special request from the Customer concerning the conditions of packing or transportation of the ordered products, duly accepted in writing by the Seller, the related costs will be the subject of additional specific invoicing, on quotation previously accepted in writing by the Customer.
The Customer is required to check the status of products books. It has a period of one month from the date of delivery to make claims by mail, accompanied by all the relevant supporting documents (photos in particular).
After this period and failing to comply with these formalities, the Products will be deemed compliant and free from defect and no claim may be validly accepted by the Seller.
The Seller will refund or replace as soon as possible and at his expense, Products delivered whose defects of conformity or visible or hidden defects have been duly proven by the Customer, under the conditions provided for in articles L 217-4 and following of the Consumer Code and those provided for in these T&CS. risks of loss and deterioration, will not be realized until the Customer physically takes possession of the Products.
The Products therefore travel at the Seller's risk unless the Customer has himself chosen the carrier.
As such, the risks are transferred at the time of delivery of the goods to the carrier.
ARTICLE 6 - Transfer of ownership
The transfer of ownership of the Seller's Products to the Customer will only be realized after full payment of the price by the latter, and this the date of delivery of the said Products.
ARTICLE 7 - Right of withdrawal
According to the terms of Article L221-18 of the Consumer Code "The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a canvassing telephone or off-premises, without having to motivate its decision or to bear other costs than those envisaged in articles L. 221-23 to L. 221-25.
The delay mentioned in first paragraph runs from the day of:
1 ° The conclusion of the contract, for service contracts and those mentioned in Article L. 221-4;
2 ° the receipt of the goods by the consumer or a third party, other than the transporter, appointed by him, for contracts for the sale of goods. For contracts concluded off premises, the consumer may exercise his right of withdrawal from the conclusion of the contract.
In the case of an order for several goods delivered separately or in the case of an order for a property consisting of lots or multiple parts whose delivery is phased over a defined period, the period runs from the receipt of the last good or lot or the last piece.
For contracts providing for the regular delivery of goods during a defined period, the deadline runs from the receipt of the first good.
The right of withdrawal can be exercised online, using the withdrawal form attached and also available on the site or any other declaration, unambiguous, expressing the will to retract and including by post addressed to the Seller to the postal or email address indicated in ARTICLE 1 of the T&C.
The returns are to be made in their original condition and complete (packaging, accessories, instructions...) allowing their remarketing in new condition, accompanied of the purchase invoice.
Damaged, dirty or incomplete products are not included. Return costs are the responsibility of the Customer.
Exchange (subject to availability) or refund will be made within 14 days from the receipt, by the Seller, of the Products returned by the Customer under the conditions provided for in this article.
ARTICLE 8 - Seller's Liability – Warranties
The Products supplied by the Seller benefit from:
● the legal guarantee of conformity, for Products that are defective, damaged or do not correspond to the order,
● the legal warranty against hidden defects due to defects in material, design or workmanship affecting the delivered products and rendering them unfit for use,
Provisions on legal warranties
Article L217-4 of the Consumer Code
"The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it was charged to it by the contract or was carried out under its responsibility.
Article L217-5 of the Consumer Code
"The property conforms to the contract:
1 ° If it is fit for the customary use of a similar property and, if applicable:
- if it corresponds to the description given by the seller and possesses the qualities that he has presented to the buyer in the form of a sample or a model
- if he has the qualities that a buyer can legitimately expect given the public statements made by the seller by the producer or his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, worn to the knowledge of the seller and that the latter has accepted.
"Article L217-12 of the Consumer Code
" The action resulting from lack of conformity is prescribed by two years from the delivery of the property.
Article 1641 of the Civil Code:
"The seller is bound by the guarantee for reasons of hidden defects of the thing sold, which renders it unsuitable for the use for which it is intended, or which so diminishes this use, that the buyer can not would not have bought, or would have given a lower price, if he had known 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 asks the seller, during the course of the commercial guarantee which has been granted to him during the acquisition or repair of a movable property, a discount warranty coverage, any downtime of at least seven days is in addition to the remaining warranty period. This period runs from the request for intervention by the buyer or the provision for repair of the property 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 (mail or mail), of the non-conformity of the Products or the existence of hidden defects as from their discovery.
The Seller will refund, replace or will repair the Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced price and the return costs will be reimbursed upon presentation of receipts.
Reimbursements, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and no later than 15 days after the finding by the Seller of the lack of conformity or hidden defect.
This refund can be made by bank transfer or check. The Seller's liability can not be incurred 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 misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in case of normal wear of the Product, accident or force majeure
● The photographs and graphics presented on the site are not contractual and can not engage the responsibility of the Seller.
The Sellers garante Is, in any event, limited to the replacement or the refund of the Products which are not in conformity or defective.
ARTICLE 9 - Informatiques et Libertés
En application of Law 78-17 of 6 January 1978, it is recalled that the personal data that is requested from the Customer are necessary for the processing of his order and the establishment of In particular.
These data may be communicated to the Seller's partners who are responsible for the execution, processing, management and payment of orders.
The Customer has the right, in accordance with the applicable national and European regulations, to permanent access, modification, rectification and opposition regarding information
This right may be exercised in the manner described under the heading "legal notice" of the website www.maaya.fr.
ARTICLE 10 - Intellectual property
The content of the site www.maaya.fr 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 is may be a forgery offense.
ARTICLE 11 - Applicable law – Language
These T&C and the resulting operations are governed by and subject to French law. These T & Cs are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in case of dispute.
ARTICLE 12 – Disputes
For all complaints please contact the customer service at the mailing address of the Seller indicated on the ARTICLE 1 of these T&C.
The Customer is informed that it can in any case resort to a conventional mediation, with existing sectorial mediation bodies or any alternative dispute resolution (conciliation, for example) in case of contestation.
In this case, the appointed mediator is the
FEVAD 60 e-commerce
60 rue la Boétie
The Client is also informed that he can also use the Online Settlement Platform of Litigation (RLL):
All disputes to which the purchase and sale operations concluded pursuant to these T&C and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under common law conditions.
This form must be completed and returned only if the Client wishes to retract the order placed on www.maaya.frexcept exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
At the attention of
SARL, FOOD WORLD
Cial Grigny 2
91350 Grigny France
I hereby notifies the withdrawal of the contract relating to the property below:
- Order from (insert date)
- Order number: ............ ...............................................
- Name of Customer: ................................................ ...........................
- Address of the Customer: .................. .................................................. ...
Signature of the Client (only in case of notification of this form on paper)