These General Terms and Conditions of Sale apply to any Order and any Product sale concluded between the Customer and the Seller hereinafter designated.
DEFINITIONS
In addition to the terms for which these General Terms and Conditions provide an express definition, the following terms have the meaning specified below:
“Customer”: refers to any person placing an Order with Maison Bellie;
“Order”: refers to any purchase order for Products, placed by the Customer and accepted by Maison Bellie;
“General Terms”, “GTC” or “General Terms and Conditions of Sale”: refers to these general terms and conditions which apply by right to any Order placed by the Customer;
“Products”: refers to all household linen, textile items and decorative accessories offered for sale by Maison Bellie on the Website;
“Seller” or “Maison Bellie”: refers to the company MAISON BELLIE, a simplified joint-stock company with a capital of 300 euros, whose registered office is located at 57 rue Victor Hugo – 33160 SAINT MEDARD EN JALLES, registered with the Bordeaux Trade and Companies Register under number 925 007 858;
“Website”: refers to the Seller's website accessible at the following address: https://www.maisonbellie.fr/
2. PURPOSE OF THE GENERAL TERMS AND CONDITIONS OF SALE
These General Terms and Conditions of Sale apply by right, without restriction or reservation, to any Order for Products placed on the Maison Bellie Website.
CONTENT - AVAILABILITY AND ENFORCEABILITY OF THE GENERAL TERMS AND CONDITIONS OF SALE
These General Terms and Conditions of Sale apply to the Seller's Customers for any Product Order.
They are made available to the Customer on the Seller's Website.
They are enforceable against the Customer who acknowledges having read and accepted them before validating their Order.
The validation of the Order by its confirmation constitutes acceptance by the Customer of the GTC in force on the day of the Order, the retention and reproduction of which are ensured by Maison Bellie.
They specify, in particular, the conditions for placing orders, payment, and delivery of Products ordered by Customers.
The Customer is required to read them before placing any Order. The choice and Order of a Product are the sole responsibility of the Customer.
Any contrary condition, and in particular any general or specific condition opposed by the Customer, cannot, unless formally and in writing accepted by the Seller, prevail over these General Terms and Conditions of Sale, regardless of when it may have been brought to its attention.
The Seller reserves the right to modify its General Terms and Conditions of Sale at any time. In this case, the applicable conditions will be those in force on the date of the Order by the user.
ORDERING PRODUCTS
Each Product presented on the Website is subject to a description mentioning its essential characteristics.
The photographs illustrating the products, if any, do not constitute a contractual document.
Even if Maison Bellie strives to guarantee optimal availability of its Products, Product offers are valid within the limits of available stock.
4.1 Order Process
All Orders are placed exclusively on the Maison Bellie Website according to the following process:
Selection of Products and addition to cart
Creation of a Customer account or login
Verification of the cart and delivery information
Choice of delivery and payment method
Final validation of the Order after acceptance of these GTC
The information provided by the Customer when ordering (in particular name, email address, billing address and delivery address) is binding on the Customer.
Thus, Maison Bellie cannot be held liable in any way in the event that an error during the Order prevents or delays the delivery of the Products.
4.1 Order Confirmation
Once the Order has been validated and payment accepted, Maison Bellie sends the Customer an acknowledgment of receipt by email summarizing the elements of the Order, constituting the sales contract.
Product offers are valid as long as they are visible on the site, within the limits of available stock.
The Order is final and valid only after full payment of the price.
It is the Customer's responsibility to check the accuracy of the order and to report any error immediately.
Without prejudice to the right of withdrawal provided for by applicable law, Customer orders are firm and final.
4.2 Modification and Cancellation of Order
Any request for modification or cancellation of the Order must be made in writing to Maison Bellie within a maximum of 24 hours following Maison Bellie's acceptance of the Order, formalized by email sent to the email address provided by the Customer when ordering.
Any request for order modification may be accepted or refused by Maison Bellie depending on its technical and logistical capabilities.
In the event of unavailability of a Product after validation of the Order, Maison Bellie will inform the Customer by email as soon as possible, and the Customer will have the choice between:
The delivery of a Product of equivalent quality and price to that initially ordered,
Or
The reimbursement of the price of the ordered Product within thirty (30) days at the latest of the payment of the sums already paid.
PRICES AND PAYMENT TERMS
6.1 Product Prices
The prices of the Products are those indicated on the Website at the time of validation of the Order by the Customer.
Prices are expressed in euros, all taxes included (TTC), including the VAT applicable on the day of the Order.
Maison Bellie reserves the right to modify its prices at any time, it being understood that the Products will be invoiced on the basis of the rates in force at the time of validation of the Order.
Prices do not include processing, shipping, transport, and delivery costs, which are billed 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 additional costs.
An invoice is issued by the Seller and sent to the Customer with the Products.
6.2 Payment for Products
Payment is made in full upfront at the time of Order via PAYPAL or GOOGLE PAY.
The Customer's order is recorded and validated as soon as payment is accepted by the payment provider.
DELIVERY
The Products ordered by the Customer are delivered exclusively in mainland France and in any member country of the European Union to the address indicated during the order on the merchant site.
Delivery means the transfer of physical possession or control of the Product to the Customer.
Validated and paid orders are prepared and shipped within a maximum of 10 working days (excluding Saturdays, Sundays and public holidays), except in special cases or unavailability of one or more Products.
Delivery times are generally between 1 and 7 working days depending on the destination and the chosen carrier, these times being indicated at the time of the Order.
If one or more products cannot be delivered within the initially announced time, Maison Bellie will inform the Customer by email of the new delivery date.
Deliveries are carried out by an independent carrier to the address specified by the Customer when placing the Order, which the carrier must be able to easily access.
It is therefore the Customer's responsibility to check the accuracy and completeness of this address and to report any error without delay.
In the event of an incorrect or incomplete address, Maison Bellie cannot be held liable, and any reshipment costs will remain the responsibility of the Customer.
In the event of a specific request concerning packaging or transport, accepted in writing by Maison Bellie, additional costs will be subject to specific invoicing based on a quote previously accepted by the Customer.
Upon delivery, the Customer is required to check the condition and conformity of the Products, the presence of all elements of the order, the proper sealing and the absence of damage to the package.
Any anomaly, missing item or damage must be reported within 5 days following delivery, via the contact form accessible on the Maison Bellie website, accompanied by all supporting documents (including photographs). After this period and in the absence of reservation, the Products will be presumed to be compliant and free from any apparent defect.
In the event of non-conformity, apparent or hidden defect, duly proven by the Customer within the legal deadlines, Maison Bellie undertakes to replace or reimburse the product, in accordance with articles L.217-4 et seq. of the Consumer Code.
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 cancelled at the written request of the Customer under the conditions of articles L.216-2, L.216-3 and L.241-4 of the Consumer Code. The sums paid will be reimbursed within fourteen days without deduction or compensation.
No delivery can be made to a post office box. The Customer may be asked to sign a delivery receipt at the time of delivery.
EXCHANGE AND RIGHT OF WITHDRAWAL
In accordance with Article L.221-18 of the Consumer Code, the Customer has a period of fourteen (14) days from the receipt of their Order to exercise their right of withdrawal without having to justify any reasons.
To initiate this procedure, the Customer must notify their decision by email to maisonbellie@gmail.com, specifying the Order number and the reason for the return.
Return shipping costs are entirely borne by the Customer.
Maison Bellie will communicate return instructions and the return address after receiving the request.
Reimbursement occurs within fourteen (14) days following the effective receipt of the returned Product, using the initial payment method chosen by the Customer.
No returns or exchanges are accepted for Products that have been washed, used or damaged by the Customer.
Personalized items, particularly those with embroidery or printing, are excluded from the right of return or exchange, in accordance with Article L.221-28 of the Consumer Code relating to goods manufactured according to the Customer's specifications or clearly personalized.
By validating their order, the Customer acknowledges having been informed that the return costs are at their expense and expressly accepts all the return and exchange terms defined above.
LIABILITY
9.1 Limitation of Liability
Maison Bellie cannot be held responsible for the total or partial non-fulfillment of its contractual obligations in the event of force majeure, defined in accordance with Article 1218 of the Civil Code as any event beyond Maison Bellie's control, unforeseeable at the time of the conclusion of the contract and whose effects cannot be avoided by appropriate measures.
Force majeure events include, in particular, natural disasters, fires, general strikes, pandemics, government measures, interruptions of telecommunications or energy supply networks, failures of essential service providers or any unforeseeable and insurmountable act of a third party.
Maison Bellie's liability cannot be invoked due to the Customer, particularly in the event of inaccurate information, non-compliant use of the Products, non-compliance with maintenance instructions, or conduct contrary to these GTC.
9.2 Website Operation
Maison Bellie strives to ensure optimal operation of its Website, although it may be temporarily interrupted for maintenance, technical updates, or service improvements.
The Customer acknowledges the inherent constraints of distance selling and data transmissions over the Internet.
In the event of the Customer using the Website or the Products in violation of these GTC, Maison Bellie cannot be held liable for damages caused to the Customer or to third parties.
9.3 Cap on Liability
In any event, MAISON BELLIE's financial liability, all causes combined, is expressly limited to the amount actually paid by the Customer for the Products that caused the damage, to the exclusion of all other damages, in particular indirect, commercial, or financial damages.
9.4 Textile Specificities - Exclusions
Textile products have natural characteristics that the Customer acknowledges and accepts:
Slight differences in color, pattern or texture due to artisanal or industrial manufacturing processes do not constitute defects but normal characteristics
Dimensional tolerances inherent in textile fibers (up to 3%) are accepted by the Customer
Natural colorimetric changes related to light exposure, time or aging are inherent to textile materials
Modifications due to washing or maintenance not in accordance with the instructions provided are the Customer's responsibility
Photographs and visual representations on the Website are indicative.
Display variations depending on screens and browsers do not constitute a lack of conformity.
WARRANTIES
9.1 Legal Warranties
The Products benefit from the legal guarantee of conformity provided for in articles L.217-4 et seq. of the Consumer Code and the legal guarantee against hidden defects provided for in articles 1641 et seq. of the Civil Code.
9.2 Warranty Procedure
The Customer has a period of two (2) years from delivery to report any lack of conformity in writing to maisonbellie@gmail.com, accompanied by photographic evidence and proof of purchase.
For hidden defects, the action must be brought within two (2) years following the discovery of the defect.
9.3 Implementation of Warranties
In the event of a duly established lack of conformity or hidden defect under legal conditions, Maison Bellie will take the corrective measures provided by law.
9.4 Exclusions from Warranty
Legal warranties do not apply in the following situations:
Misuse or unauthorized intensive professional use
Non-compliance with expressly provided care and washing instructions
Normal wear and tear of Products related to their usual use
Damage resulting from an accident, Customer negligence, or force majeure
Modifications, repairs or transformations carried out by the Customer or third parties
Products personalized or manufactured according to the Customer's specifications (articles L.221-28 of the Consumer Code)
9.5 Conditions of Application
The benefit of the warranties implies the Customer's compliance with the conditions of use and maintenance of the Products.
The warranty obligation ceases in the event of resale of the Product by the Customer or modification of its initially declared use.
Warranties apply to Products in their original configuration and use, excluding any diverted or unauthorized professional use.
INTELLECTUAL PROPERTY
10.1 Ownership of Rights
Maison Bellie owns or has the necessary exploitation authorizations for all elements present on its Website, including and without limitation: texts, product sheets, descriptions, photographs, images, videos, logos, designs, models, graphic creations, visual charter, databases, software, site structure and hierarchy, as well as all other intellectual property elements (hereinafter, the "Content").
This Content is protected by the provisions of the French Intellectual Property Code and international conventions relating to intellectual property, including copyrights, related rights, trademark rights, designs and models.
10.2 Prohibited Uses
Consequently, it is strictly forbidden for the Customer and any third party, without prior, express and written authorization from Maison Bellie:
To reproduce, copy, duplicate or imitate all or part of the Content, by any means and on any medium whatsoever;
To modify, adapt, translate, transform or create derivative works from the Content;
To transmit, disseminate, distribute, communicate to the public or represent the Content;
To sell, market, rent or exploit the Content in any way, whether free of charge or for a fee;
To systematically extract or reuse substantial parts of the Site's databases;
To carry out any analysis, disassembly or reverse engineering of the Content.
10.3 Authorized Personal Use
The Customer is authorized to consult the Content exclusively for their personal and private use, within the normal framework of browsing the Website for the purpose of making purchases. This consultation confers no intellectual property right on the Customer.
The Customer may temporarily print and download extracts from the Website for personal and non-commercial information purposes, provided that intellectual property notices are preserved.
10.4 Sanctions and Remedies
Maison Bellie reserves the right to exercise all legal remedies, civil and criminal, against any person who has infringed its intellectual property rights, including summary proceedings to immediately cease the infringement.
10.5 User-Generated Content
Reviews, comments, photographs or any other content published by Customers on the Site remain the property of their respective authors. However, by publishing this content, Customers grant Maison Bellie a non-exclusive license to use it for commercial presentation and promotion of the Products.
Customers guarantee that their content does not infringe any third-party rights and undertake to indemnify MAISON BELLIE for any damage resulting from such infringement.
PROTECTION OF PERSONAL DATA
In accordance with current European (GDPR) and French regulations, Maison Bellie, as data controller, undertakes to process its Customers' personal data with the utmost care.
Maison Bellie respects a whole set of duties and grants its Customers a whole set of rights relating to their personal data.
12.1. Data Processing Responsibility
Maison Bellie is responsible for processing data collected on its website (contact form), or communicated by any other means.
12.2. Purpose of Data
The data communicated to Maison Bellie will only be used for the proper management of the Client-Vendor relationship (sending newsletters to keep you informed of news, events and current promotions, providing quotes, invoices, etc.). They are only recorded for this purpose.
Maison Bellie also collects information provided by the Client in their emails or verbally. This information is collected to help Maison Bellie provide quality service according to your expectations.
12.4. Disclosure of Your Data
Maison Bellie does not sell, rent, or share Client information with third parties.
No information transmitted by Clients will be disclosed.
12.5. Right of Access and Complaint
As data subjects, Clients have the right to access, update, correct inaccurate data, or request the deletion of data.
Clients have the right to file a complaint regarding any issue related to the processing of this data.
12.6. Security of Your Data
Maison Bellie undertakes to take all measures within its power to protect the data made available to it by its Clients.
12. APPLICABLE LAW - LANGUAGE
These General Terms and Conditions of Sale and the operations arising therefrom between the Vendor and the Client are governed by and subject to French law.
These General Terms and Conditions of Sale are written in French.
Should they be translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
DISPUTES
All disputes to which the service provision operations concluded under these general terms and conditions of sale may give rise, concerning their validity, interpretation, execution, resolution, their consequences and their follow-up, and which could not have been resolved amicably between the Vendor and the Client, will be submitted to the competent courts under the conditions of common law.
In the event of a dispute, the Parties will make their best efforts to reach an amicable agreement.
This amicable resolution attempt phase is a prerequisite for any contentious action.
In accordance with Article L.616-1 of the Consumer Code, in the event of a dispute, the Client may use the consumer mediation service to which Maison Bellie belongs free of charge.