The company Elsa poux, a limited liability company with a registered capital of €15,000 having its registered office at 69 rue du Chemin Vert 75011 PARIS, registered in the RCS (Trade & Company Register) of PARIS under the number 523 600 922
These general terms of sale (hereafter referred to as the GTS) will apply to all orders placed via the www.mapoesie.fr website.
The GTS exclusively govern online contracts of sale concerning the sale of products from MAPOESIE (hereafter referred to as the Vendor or MAPOESIE) to purchasers possessing the status of consumers (hereafter referred to as the Customer or the Customers). Along with the order form they constitute the contractual documents enforceable vis-à-vis the parties to the exclusion of any other documents, prospectuses, catalogues or product photographs, which are provided for information purposes only.
The GTS only apply to products delivered to Customers based in France and/or in a member state of the European Union.
The GTS and all of the contractual information mentioned on the website are drafted in French.
The GTS are made available to Customers via the vendor's website where they may be consulted directly.
The GTS are applicable to, and enforceable vis-a-vis the Customer who acknowledges that he has been made aware of them and accepts them before placing an order by means of a tick box provided for this purpose.
The validation of the order via its confirmation implies acceptance by the purchaser of the GTS applicable on the day on which the order is placed, which are stored and reproduced by the vendor pursuant to 1127-1 of the French Civil Code.
MA POESIE reserves the right to adapt or modify these general terms of sale at any time. In the event of modification, the general terms of sale applicable on the date on which the order is placed will be applied to each order.
The invalidation of any contractual clause will not result in the GTS as a whole being considered null and void.
The temporary or permanent failure to apply one or several clauses of the GTS by the Vendor will not be considered as constituting a renunciation on its part regarding the other clauses of the GTS, which will continue to produce their full effects.
Article 2: Products
The products comply with the applicable requirements concerning personal health and safety, fair business transactions and consumer protection at the time they are introduced on the market.
The products comply with the requirements of French law applicable at the time they are introduced on the market.
The online sales offers presented on the website are valid for as long as the products are shown in the e-catalogue. Product offers are valid subject to available stock.
The availability of the ordered product or products will be immediately confirmed upon receipt of the order. If a product is not available, MAPOESIE agrees to inform the Customer as quickly as possible. In the event of non-availability, the Customer will be informed by e-mail. The cancellation of the order for this product and its reimbursement will then proceed, with the rest of the order remaining firm and final. The Customer will be immediately reimbursed (or at the latest within the 30 days following the payment of the sums paid).
The products proposed for sale shown in the catalogue published on the website are each accompanied by a description mentioning their essential characteristics, in accordance with the terms of article L. 111-1 of the Consumer Code. The products proposed for sale will be described and presented as accurately as possible.
However, the photographs and text illustrating the products are non-contractual. The Customer is hereby informed that some of the Products are produced by hand using traditional methods. Irregular prints are normal and contribute to the appearance of the product.
Article 3. Prices
Pursuant to article L. 113-13 of the Consumer Code, the sales prices for each of the products shown in the e-catalogue are displayed in euros inclusive of all taxes, excluding the delivery and transport costs which will be mentioned before confirmation of the order and invoiced as extras.
The total amount to be settled by the Customer is shown on the order confirmation page. The sales price for the product is that applicable on the order date. However, sales, offers, and promotions cannot be combined. The Vendor will apply one single price reduction, whatever its nature, per purchase.
In the event of a price promotion, the vendor agrees to apply the promotional price to orders placed during the promotional period.
The vendor reserves the right to modify its prices at any time, while at the same time guaranteeing the Customer that the price applied will be that in force on the order date.
The prices for the products are shown in Euros inclusive of all taxes.
Article 4: Customer registration
Any visitor wishing to place an order must acquire a username and password by registering as a customer on the Mapoesie.com website.
The visitor must complete a form containing the following information: his title, last name, first name, complete delivery address, e-mail address and telephone number.
The Customer declares that he is at least 18 years of age and possesses the necessary legal capacity, or is the holder of parental authorisation, enabling him to place an order via the Website.
The Customer agrees to send MAPOESIE the genuine and necessary information required to fulfil the service covered by these conditions when this is requested of him online and according to his situation, including his last name, first name, address, telephone number and valid e-mail address.
The Customer is responsible for all consequences arising from any false or inaccurate information supplied, or information of which the reuse is prohibited.
The Customer may modify his details in the "my account" section of the website.
Article 5. Orders
5.1 - Pre-identification of the Customer:
Any customer interested in an item displayed on the www.mapoesie.fr website should order directly via the website: www.mapoesie.fr.
To order the chosen products, the customer must log in by entering his e-mail address and password.
The customer hereby formally accepts that the entry of these two forms of information (e-mail address and password) constitute proof of his identity and confirm his consent.
If the customer is not already registered, he must complete a form which will automatically appear when he places his first order or complete this beforehand by visiting the "My account" section by clicking the "Register" link.
5.2 – Product selection:
To place an order, the customer selects the different products of interest to him by clicking successively on the "Add to my cart" link. At any time, he may:
-Obtain a summary of the selected products by clicking the "My cart" link;
-Continue shopping by clicking the "Continue shopping" link;
-Complete his selection and place the order by clicking the "Order" link.
5.3 - Order confirmation:
The acceptance of the offer by the Customer is confirmed by means of a double-click procedure, at the order confirmation stage.
To place an order, after having filled his virtual cart by choosing the selected products and the desired quantities, the customer then clicks the "Order" button and supplies delivery and payment-related information.
Before clicking the "Confirm order" button, the customer has the possibility to check the details of his order and the total price and to return to the previous page to correct any possible errors or possibly modify his order.
The confirmation of the order constitutes acceptance of the GTS and establishes the contract between the vendor and the customer.
An e-mail acknowledging receipt of the order and of the payment is sent by the vendor as soon as possible.
5.4 –Payment for orders:
Payment is required at the time the order is placed. It may be made by bankcard: Carte Bleue, Visa, Master Card, American Express, issued by a banking or financial establishment located within the European Union, or by PayPal via the Client’s PayPal account.
The provision by the Customer of his bankcard number, the expiry date of his bankcard and of the security code constitute authorization to debit his account up to the order value. All orders are only considered as firm when the payment centres concerned have issued their approval. MAPOESIE will acknowledge receipt of the order at the time payment is received, by email, pursuant to the provisions of article L121-9 of the consumer code.
The Customer guarantees that he is the authorized holder of the payment methods he has chosen for his order. The provision of any payment-related information takes place in a secure environment using the protocols applicable on the Internet.
Article 6: After confirmation of the order
Any modification of the order by the Customer after his order has been confirmed is subject to acceptance by the vendor.
The vendor reserves the right to make any modifications to the ordered products related to technical developments, pursuant to the provisions of article R. 132-2-1, V of the Consumer Code.
The vendor reserves the right to refuse any order on legitimate grounds and more particularly if the quantities of the ordered products are abnormally high for a purchaser possessing the status of "consumer".
Article 7: Formation of the contract
The contract of sale is constituted at the moment the customer sends his order confirmation.
All communications, order forms and invoices are archived on a reliable and durable medium in order to preserve a faithful and durable copy pursuant to the terms of article 1348 of the Civil Code.
These communications, order forms and invoices may be produced as items of proof with regard to the contract.
Article 8: Customs duties
Any order placed via the Website and delivered outside France may be subject to possible taxes and customs duties imposed when the parcel reaches its destination. These possible customs duties and taxes relating to the delivery of a Product are borne by the Customer and are his responsibility.
MAPOESIE is not required to check and to inform the Customer regarding the applicable customs duties and taxes. To obtain information about them, MAPOESIE advises the Customer to contact the relevant authorities in his country.
Article 9: Secure transactions
In order to ensure secure payments, the www.mapoesie.fr website uses the secure payment service Paypal. MAPOESIE will never be in possession of its Customers’ bank details.
Article 10: Delivery
The products are shipped with the delivery slip to the delivery address entered by the customer when placing his order.
MAPOESIE reserves the right to refuse to deliver orders for private customers to collective addresses such as for example offices, health care establishments, holiday establishments, etc.
In the case of a delivery to a collective address, the customer acknowledges that the responsibility of www.mapoesie.fr to deliver the order ends with the physical delivery to the collective address shown on the order form, even if the item is not received by the final recipient but by a third party.
The vendor agrees to deliver the products in accordance with the delivery deadlines stated on the website for each of the products.
In the event of delayed delivery of an item, the customer may cancel the contract, by registered letter with proof of receipt or by means of a written message on another durable medium, if, after having asked MAPOESIE using the same methods to fulfil the delivery or supply the service within a reasonable additional period of time, the latter has not met the said obligation within this deadline.
The contract is considered cancelled when MAPOESIE receives the letter or written message informing it of this cancellation unless MAPOESIE has already met the obligations concerned in the meantime.
When the contract is cancelled, the vendor reimburses the customer for all sums paid, at the latest within 14 days following the date on which the contract was cancelled.
Any complaints concerning deliveries must be submitted by the customer to the vendor on the delivery date or the first working day following the delivery date.
Delivery will be made by post. In Paris only, the Client can choose delivery by a delivery man, or by in-store pick-up in the MAPOESIE store, under the conditions proposed by the Vendor on the website.
A delivery slip must be signed by the customer, who should verify the product conformity and the condition of the packaging upon arrival.
The risks of lost or damaged goods are transferred to the customer the moment that he or a third party appointed by him physically takes possession of the item, regardless of its nature.
The product, which is delivered to the customer by a haulier chosen by the vendor, travels at the vendor's risk
If the product does not comply with the order, the customer must send the vendor a complaint in order to obtain a replacement product or possibly the cancellation of the sale.
A total failure to deliver will result in the automatic cancellation of the contract of sale.
Article 11: Prices and delivery lead times/deadlines
The delivery costs by post are free for metropolitan France for orders exceeding €150. For other destinations they will be the subject of an estimate issued at the time the order is placed.
Delivery by a delivery man is offered only in Paris, free of charge and within the deadline, day, and schedules proposed by the Vendor at the order.
The in-store pick-up is offered only at the MAPOESIE store located at 69 rue Chemin Vert, 75011 Paris, within the deadline, day, and schedules proposed by the Vendor. In-store pick-up is charged as indicated on the website at the order.
The stated delivery dates/lead times are dependent on supply and delivery possibilities. If a delivery date or lead time is not met, this may not result in the payment of any damages.
Article 12: Right of withdrawal
All products sold are covered by the "satisfied or your money back" clause. Pursuant to the law, the customer has a cooling off period of 14 days during which he may return the products with no requirement to supply any grounds for this, in accordance with the provisions of articles L 121 and following of the Consumer Code.
This period begins at the time the goods are received. If the customer exercises his right of withdrawal, the company MAPOESIE agrees to reimburse him for the sums paid upon receipt of the returned goods, and using the payment method he chose.
Article 13: Returns
In France, MAPOESIE will assume the cost of returning the product by supplying a prepaid Colissimo parcel slip or by organising the return via a courier service in Paris. Outside France, the return method is at the initiative, convenience and cost of the Customer.
Your right of withdrawal must be notified in advance from your customer account. When doing so, a return code will be allocated to you and must be shown on your parcel. The products must imperatively be in good condition and returned in their original packaging, to which should be added an outer pack covering the whole product. They must display no signs of use.
It is only after MAPOESIE has checked that these conditions have been met that it will issue a refund for the sums received for the returned items, with the exception of the initial carriage costs. Otherwise, no reimbursement may be demanded, and the customer will remain the owner of the product, which you may come and collect from MAPOESIE's head office within a maximum period of one month.
Article 14: Warranties
All products supplied by the vendor are covered by the legal guarantee of conformity provided for in articles L. 211-4 to L. 211-14 of the Consumer Code and the legal warranty for latent defects provided for in articles 1641 to 1649 of the Civil Code.
Under the terms of these warranties, the vendor agrees, at the Customer's choice, to issue him a refund or to exchange products which are either defective or which do not correspond to his order.
Any irregularities with the print for the Products may not be considered as a conformity defect or latent defect in as far as these are inherent to the traditional techniques used to manufacture the products.
Article 15: Intellectual property rights
All aspects and components of the website, whether visual or audible, including the underlying technology, are protected by copyright, trademarks or patents.
They are the exclusive property of MAPOESIE. Users possessing a personal website wishing to include a simple link to the Website’s homepage for purely personal use must obligatorily request MAPOESIE's consent.
On the other hand, any hypertext link to the Website using the framing or in-line linking techniques is formally prohibited. In all cases, any link, even if tacitly authorised, must be removed immediately upon request from MAPOESIE.
Hypertext links may link to other websites than the Website. MAPOESIE declines all liability in the event that the content of these websites contravenes applicable laws and regulations.
Article 16: Liability
For all stages involved in accessing the website, from the order process to the shipment of the packs or the provision of subsequent services, MAPOESIE only assumes an obligation of due diligence.
MAPOESIE may not be considered liable for any inconvenience or losses inherent to the use of the Internet, including among others service outages, external intrusions or the presence of computer viruses, or any incident categorised as force majeure pursuant to the law and to case law.
Article 17: Data protection
17.1 - Personal data:
MAPOESIE only uses the personal data collected on our website at www.mapoesie.fr at the time an account is created and/or during registration for a newsletter, in the cases covered by the applicable regulations and for the business, marketing and accountancy end purposes described above.
The data controller is the company MAPOESIE directly.
The data protection officer at MAPOESIE is Mrs Pauline Bories (firstname.lastname@example.org).
The personal data gathered includes the person’s title, last name, first name, delivery address, email address and telephone number.
The main end purposes for which MAPOESIE uses the data are managing the newsletter, managing orders, sending out information concerning new collections, sales, private sales, the latest news concerning the MAPOESIE brand’s activities, the sending of marketing, advertising and promotional offers concerning MAPOESIE products, loyalty building activities or tailored commercial proposals, the performance of customer satisfaction surveys, managing individuals’ requests to exercise their rights concerning the personal data, and storage of accountancy information.
The personal data is stored for a period compliant with the legal provisions, or one which is proportional to the end purposes for which it was recorded: i.e. all of the data used to manage the customer account for a period of five years as from the customer’s last login to his account; the contact data (email) used to manage the newsletter for a period of three years as from the date of unsubscription from the newsletter; the data used for accountancy purposes (invoices) for a period of 10 years as from the invoice issue date.
The data strictly necessary to the processing of the payments is the following by default: the bankcard number, the expiry date and the security code. This data is not stored after the transaction has been completed.
Staff from the administrative, accountancy & management control, IT and marketing & sales departments may have access to some of your data. The data is accessed by means of individual and limited access authorisations. Staff who may have access to personal data are subject to confidentiality obligations.
In its capacity as the data controller, MAPOESIE deploys appropriate technical and organizational methods meeting the applicable legal requirements, in order to protect the personal data against alteration, accidental or illegal loss, use, divulgence or unauthorized access.
The Customer and/or the visitor is entitled to access his personal data and demand that it be rectified, added to or updated. He may also demand the deletion of his data or oppose its processing.
The Customer and/or the visitor may request to exercise his rights concerning the portability of his data, namely his right to receive the personal data he has supplied in a structured and commonly used format and the right to forward his data to another data controller.
The Customer and/or the visitor may exercise his rights by contacting MAPOESIE’s data protection officer at the following address: 69 rue du Chemin vert – 75011 Paris or by email: email@example.com.
17.2 - Cookies:
The only cookies which MAPOESIE creates are session cookies which are deleted when logging out of the website. The purpose of this cookie is exclusively to supply the sales service for the duration of one session with or without the constitution of a shopping cart of purchases.
17.3 - Web beacons:
Some of the pages on the website may sometimes contain electronic images or "web beacons" making it possible to count the number of visitors to the page.
These web beacons may be used with some of our partners, including in order to measure and improve the effectiveness of certain advertising.
In all circumstances, information obtained via these markers is strictly anonymous and simply makes it possible to compile statistics concerning visits to certain pages on the website in order to better serve our website users.
Article 18 - Applicable law and jurisdiction
This contract is subject to French law. The language of this contract is French. In the event of a dispute litigation with professionals and/or traders, jurisdiction is attributed to the courts of Paris. In the case of a dispute with a customer, only the French courts will be considered as having jurisdiction.