GENERAL CONDITIONS OF SALE

 Any online purchase made on the website www.maehsa-paris.com website is subject to the prior knowledge and acceptance of these general terms and conditions of sale. Purchasing guide on the website www.maehsa-paris.com is available here. The legal notice is available here.

  1. DEFINITION

Article: Product of any kind offered for sale on the site.

Customer : A non-trading natural person who places the order and has full legal capacity.

Order: Commitment to purchase all the items selected by the customer via the e-commerce service of the website published by MFSF Associés representing the brand MAÉHSA and accessible at the address www.maehsa-paris.com


  1. PREAMBLE

These General Terms and Conditions of Sale are those of MFSF Associés, a limited company with a share capital of 500 euros, having its registered office at 4, rue Pierre Marcel, 94250 in Gentilly, registered in the Créteil Trade and Companies Register under number - 884 833 153; e-mail address: contact@maehsa-paris.com.

MFSF Associés representing the brand MAÉHSA creates, designs, manufactures and markets worldwide ethical hand-sewn luxury ready-to-wear items (jackets).

 

  1. WARNING

3.1 Scope and acceptance of the General Terms and Conditions of Sale

These general terms and conditions of sale (hereinafter "GTC") apply exclusively between any Customer and the company MFSF Associés representing the brand MAÉHSA.

Any Internet user can read the GTC from any page of the site.

The GTC are applicable without restriction or reserve to all the items offered for sale on the Site.

The Articles are sold to end customers who are natural persons, acting for strictly personal purposes and not for any commercial activity, thus excluding any resellers or any intermediaries acting in the name and on behalf of resellers (hereinafter the "Customer(s)") Customer(s)"or "you").

Therefore, the Customer affirms and declares that he/she is acting as a consumer and does not intend to resell the Items for commercial purposes.

The Customer also certifies that he/she has the legal capacity to commit himself/herself under the terms of these General Terms and Conditions of Sale.

At the time of each purchase of Article(s) on the Site, the Customer must indicate his acceptance of the General Terms and Conditions of Sale in force by clicking on the "Pay and place an order" button. These documents can be consulted before and at the time of confirming the purchase.

MFSF Associés representing the brand MAÉHSA may update and modify the present General Terms and Conditions of Sale, Customers will be informed by e-mail of such changes.

The conditions applicable to the sale of Articles are those in force at the time of the conclusion of the sales contract.

For more information on the processing by MFSF Associés representing the brand MAÉHSA of personal data collected on the Site and/or by telephone, the Customer is invited to read the Privacy Policy.

3.2 Intellectual property rights

The Customer may not reproduce, represent or adapt, directly or indirectly, the Site, in whole or in part, in any form whatsoever. All intellectual property rights relating to any product or element of MFSF Associés representing the brand MAÉHSA such as brands, illustrations, photos, images, models and logos, whether registered or not, are and will remain the exclusive property of MFSF Associés representing the brand MAÉHSA.

Any total or partial reproduction, downloading, modification or use of the trademarks, illustrations, images, photos, logos and models of MFSF Associés representing the brand MAÉHSA, for any reason and on any medium whatsoever, without the express prior written consent of MFSF Associés representing the brand MAÉHSA is strictly prohibited.
Similarly, any use that does not comply with the Site's user licence and, in particular, the use of any of its components for sale or any other direct or indirect commercial use, is strictly prohibited without the prior written consent of MFSF Associés representing the brand MAÉHSA.

For further information, please consult the Legal Notice.


  1. ORDERING INFORMATION

Orders are placed through the Site.

The languages available for orders placed via the Site are : French.

The language of the sales contract is French.

When the Customer's bank account is debited by his bank, the order is directly transferred to the department responsible for preparing the order.

Any order placed in this context is binding on the Customer.

    1. Identification

Once the Customer has completed their selection and wishes to validate the contents of their Shopping Basket, they can either:
- log into their Customer account (hereinafter the "Account"), or
- continue as a "guest".
The Customer may also log in before selecting items.

If the Customer already has an Account, he/she must identify himself/herself with his/her e-mail address and password.
If the Customer does not yet have an Account, he/she may create one by confirming his/her name, home address, e-mail address and telephone number when placing the order.
Registration will be effective once confirmed, via a confirmation e-mail, by MFSF Associés representing the brand MAÉHSA

The Customer may not request a change of address once the order has been placed; the Customer must place another order with the new address.

Further information on the processing of the Customer's personal data is available in the Privacy Policy.

Clients' identifiers and passwords are strictly personal. Consequently, each Customer undertakes to keep these securely and never to communicate them to third parties.
In the event of loss, theft or any fraudulent use of their Account, Customers undertake to inform MFSF Associés representing the brand MAÉHSA immediately.
MFSF Associés representing the brand MAÉHSA cannot be held responsible for any damage, direct or indirect, caused as a result of fraudulent access to the Account or to the Site, or the impossibility of accessing it.

4.2 Validation of the order

The Customer must validate the delivery method and complete the information necessary for the order to be shipped:
- e-mail,
- name and surname,
- address,
- postcode,
- city
- telephone number,
- delivery method,
- country of shipment,
- billing address,
- and delivery address or shop where the Customer wishes to pick up the order if the selected country of delivery has shops offering this service.
- choice of payment method and payment information.

The Customer may use his or her delivery address as the billing address or enter a different one.

Once all this information has been regularly entered and validated, the price of the Articles (as defined in article 5 below) as well as any delivery costs and the estimated delivery date are automatically displayed.

The Customer must check the correctness of his selection before confirming his order.
MFSF Associés representing the brand MAÉHSA provides the Customer with technical means of verification in the form of a standard completeness and plausibility check summary (to check whether all mandatory fields have been filled in and whether the characters entered are appropriate for the mandatory field in question) to help the Customer to recognise any errors he may have made in his entries.
The Customer's order data is then summarised again for final checking.

By clicking on the "Pay and Place Order" button, the Customer places a binding order for the Item(s) in his/her Shopping Cart.
The Customer can only place an order if he/she acknowledges and accepts these Terms and Conditions and the Privacy Policy by clicking on the "Pay and Place Order" button.

4.3 Order confirmation by MFSF Associés representing the brand MAÉHSA

Once the order has been validated by the Customer according to the steps set out above, an acknowledgement of receipt of the order is sent to the Customer by electronic mail. In accordance with the provisions of article 1126 of the Civil Code, the Customer accepts the use of electronic mail for the confirmation by MFSF Associés representing the brand MAÉHSA of the content of its order. This acknowledgement of receipt of the order does not constitute an acceptance of the Customer's order, unless expressly stipulated otherwise.

The contract of sale is deemed to be concluded when the Article(s) ordered by the Customer is/are shipped and the Customer has received a separate e-mail from MFSF Associés representing the brand MAÉHSA informing him/her of the shipment of his/her order.

In the event of payment by credit card, the sales contract is concluded at the time the Customer's credit card is debited in accordance with the terms of Article 6 hereof, even if the Customer's credit card is debited before the order is dispatched or before acceptance is expressed by another means.

In the event of payment by PayPal, as provided for in Article 6.2 hereof, the sales contract is deemed to have been concluded at the time the Customer confirms the order on the PayPal site.

The order acknowledgement includes the order number, the total amount of the order, information about the cost and delivery time, the essential characteristics, the quantity and the price of the Item(s) purchased. This acknowledgement includes a link to the General Terms and Conditions of Sale.

At the time of dispatch of the Article(s) ordered to the delivery address chosen by the Customer, MFSF Associés representing the brand MAÉHSA will send an e-mail to the Customer informing him/her of the said dispatch as well as of the collection of the price, as provided for in Article 5 below. The sales contract is then definitively formed.

MFSF Associés representing the brand MAÉHSA retains ownership of the Item(s) until (a) the Customer or (b) the person designated by the Customer takes physical possession of the Item(s).

4.4 Proof of order

In general, it is expressly agreed between MFSF Associés representing the brand MAÉHSA and the Customer that emails will be deemed authentic between the parties.
Furthermore, in application of article L. 213-1 of the Consumer Code, MFSF Associés representing the brand MAÉHSA keeps the elements relating to any order of an amount equal to or greater than one hundred and twenty (120) euros for a period of ten (10) years and makes them available to the Customer on simple request sent by the latter to: contact@maehsa-paris.com.
It is however recommended that the Customer also keeps a copy (in electronic format and/or on paper) of the elements relating to his order.

4.5 Refusal to order

MFSF Associés representing the brand MAÉHSA products are exclusively reserved for the Customer's own use (or gifts) and are not intended for resale. MFSF Associés representing the brand MAÉHSA reserves the right to refuse a sale that does not meet these conditions. 

MFSF Associés representing the brand MAÉHSA will be entitled to refuse any fraudulent or abnormal order.

MFSF Associés representing the brand MAÉHSA will also have the right to refuse any order made by a Customer with whom there is a dispute relating to the payment or delivery of a previous order; or which does not comply with the present General Terms of Sale.

If MFSF Associés representing the brand MAÉHSA finds that the order does not comply with these General Terms and Conditions of Sale, it will inform the Customer either directly on the Site, or by telephone, or by e-mail.
If the Customer fails to proceed with MFSF Associés representing the brand MAÉHSA to correct the erroneous elements or elements contrary to these General Terms and Conditions of Sale appearing in the order within a period of fourteen (14) calendar days following the notification referred to above, MFSF Associés representing the brand MAÉHSA reserves the right to cancel the order as well as the corresponding payment.


  1. AVAILABILITY OF ITEMS

MFSF Associés representing the brand MAÉHSA reserves the right to change at any time and without prior notice the Article(s) offered on the Site, without this affecting orders already placed.

Before placing an order, the Customer is informed on the information page of the Site describing each of the Articles of the availability of the Article.

If, despite the vigilance of MFSF Associés representing the brand MAÉHSA, the ordered Articles are no longer available, MFSF Associés representing the brand MAÉHSA will inform the Customer by any means (telephone call or e-mail) as soon as possible.

Exceptionally, in the event of a stock shortage of the Article ordered, MFSF Associés representing the brand MAÉHSA will be obliged to cancel an order placed, and in this case, no sum will be paid by the Customer.



  1. INVOICING AND PAYMENT CONDITIONS

6.1 Billing

The prices communicated by the Customer Relations Department or displayed on the Site are indicated in Euros (€) and include all taxes.

The prices invoiced are those in force on the date of the order, subject to the availability of the item(s) ordered at that time.

Without prejudice to orders already placed by the Customer, MFSF Associés representing the brand MAÉHSA reserves the right to modify the prices of the Articles at any time and without notice.

It is specified that the tax-free service is not available for purchases of MFSF Associés representing the brand MAÉHSA items made on the site.

The Customer will receive, at the latest at the time of delivery, for each of the Articles, the written confirmation of the price paid detailing the price per Article.

6.2 Terms of payment

6.2.1 Payment by Credit or Debit Card

The products are payable in cash on the day of the actual order.

The payment of the Customer's purchases can be made by credit card or debit card. Cards from the "CB", Visa©, MasterCard© network are accepted. Cards issued by banks domiciled outside France must be international bank cards.

The Customer communicates, on the MFSF Associés representing the brand MAÉHSA secure website, the number, the expiry date and the visual cryptogram number appearing on his bank card, if necessary via a third party platform sending a payment link.

After validation of the bank details by the Customer on the Site, the Customer accesses a secure server operating in SSL mode (128 bits).

The transaction is then carried out by the Customer in accordance with bank security standards. Authentication is specific to each bank. By communicating his/her bank card number and/or bank details to MFSF Associés representing the brand MAÉHSA, on the Site, the Customer accepts in advance and unconditionally that MFSF Associés representing the brand MAÉHSA proceeds with the secure transaction and authorises in advance his/her bank to debit his/her account on the basis of the records or statements transmitted by MFSF Associés representing the brand MAÉHSA, even in the absence of invoices signed by the holder of the bank card used.

The sales contract is concluded at the time the Customer's credit card is debited if this takes place before the item(s) is (are) shipped. However, this does not apply to deposits and other advance payments made by the Customer where the debit is made up to the amount of the advance payment on the agreed date.

6.2.2 Payment by PayPal (Internet orders only)

MFSF Associés representing the brand MAÉHSA accepts payments made via PayPal (for orders placed on the Site only).

When validating the order, the Customer chooses the "PayPal" payment option and will be automatically redirected to the "PayPal" platform.

The Customer must then connect to their PayPal account using their contact details. If they do not have a PayPal account, they may create one at this time. After validating the order with PayPal, the Customer will be redirected to the Site's confirmation page.

The order will only be dispatched once the method of payment has been verified, the debit authorization of the Customer's bank card or confirmation from PayPal has been received and the order has been checked for compliance with these General Terms and Conditions of Sale.

6.3 Reservation of ownership

The Products ordered remain the property of MFSF Associés representing the brand MAÉHSA until full payment has been received by MFSF Associés representing the brand MAÉHSA. However, the Customer assumes all risks (notably loss, theft or deterioration) concerning the Products delivered from the moment they are delivered to the address indicated at the time of the order.



  1. DELIVERY

7.1 Terms of delivery

For security reasons MFSF Associés representing the brand MAÉHSA will not process any order for which the billing or delivery address is a P.O. Box.
Also for security reasons, deliveries to a hotel or student residence are possible provided that you choose express delivery with proof of hand delivery.

Delivery is made to the delivery address indicated by the Customer, it being specified that this address must be the Customer's home address or that of any other individual or legal entity of his choice domiciled in France including Dom-Tom or abroad. However,

MFSF Associés representing the brand MAÉHSA reserves the right to refuse certain orders due to practical difficulties in delivering the products. In this case, MFSF Associés representing the brand MAÉHSA will inform the Customer by email within five (5) days of the order concerned and will reimburse the totality of the sums received for this order concerned within five (5) days of sending this email.

Delivery cannot be made to post office boxes. In order for these deadlines to be met, the customer must ensure that they have provided accurate and complete information regarding the delivery address (such as, in particular, street, building and staircase numbers, access codes, names and/or intercom numbers).

For all deliveries outside the European Union, any customs clearance taxes are to be expected at the time of delivery. These taxes are to be paid by the Customer.

7.2 Standard delivery by Colissimo.

Deliveries are generally made within 5 or 7 working days from Monday to Friday, except on public holidays. The order is delivered against a signature to the delivery address indicated at the time of ordering. If the Customer is absent at the time of delivery, a notice is left so that the Customer can collect the parcel from the nearest post office. The packages are kept pending at the Post Office for fifteen (15) calendar days. In the event that the Customer does not collect the parcel within the time limit set by the carrier, the products will be returned to MFSF Associés representing the brand MAÉHSA who, after having tried to contact the Customer to agree on a new delivery, will proceed with the reimbursement, less delivery costs, within eight (8) days from the date of receipt of the returned parcel by Colissimo.

The usual delivery times are 5 to 7 working days in France and 10 to 20 working days abroad depending on the country of destination. The times indicated are indicative times corresponding to the average processing and delivery times. MFSF Associés representing the brand MAÉHSA cannot be held responsible for the consequences of a delay in delivery that is not of its making.

7.3 Delay in delivery.

Exceeding the estimated delivery time indicated may not give rise to any cancellation of the order, to any reduction in the price paid by the purchaser or to any payment of damages, it being specified that in certain particular cases (e.g.: custom orders) the times indicated above may be longer. However, in the absence of delivery after 30 days from the estimated maximum time, the Customer will have the possibility of cancelling the order without charge. The sums paid by the Customer will then be refunded. In cases where MFSF Associés representing the brand MAÉHSA has the capacity to do so, a proposal to replace the product, with quality and price equivalent to the initial article, will be made to the Customer.

7.4 Delivery made.

Each delivery is deemed to have been made as soon as the package is made available to the Customer, in particular by the carrier, as evidenced by the control system used by the carrier, such as the delivery tracking system offered on the Post Office's website.

It is the Customer's responsibility to check shipments on arrival and to make any reservations and claims that appear justified, or even to refuse the package if it is likely to have been opened or if it bears obvious traces of deterioration. The said reservations and claims must be addressed to the carrier by registered letter with acknowledgement of receipt within 2 working days following the delivery of the products, and a copy must be immediately addressed to MFSF Associés representing the brand MAÉHSA by e-mail.



  1. RIGHT OF WITHDRAWAL

The individual Customer has a right of withdrawal which he/she may exercise without giving any reason within fourteen (14) days from the delivery of the order by returning, at his/her expense, the new products under the following conditions:

  • The product must be correctly protected in its original packaging, in perfect condition for resale (not worn, not damaged or soiled) accompanied by any accessories, instructions and documentation.

  • The product must be accompanied by the sales invoice.

  • Returns must be sent to the following address MFSF Associés representing the brand MAÉHSA, 4 rue Pierre Marcel 94250 Gentilly (France). MFSF Associés representing the brand MAÉHSA will reimburse the Customer for the sums paid, including the shipping costs at the slow rate, under the conditions set out in the following article IX.

 

  1. REIMBURSEMENT

Refunds of products in the cases referred to in Article VIII will be made by MFSF Associés representing the brand MAÉHSA within a maximum of eight (8) working days after receipt by MFSF Associés representing the brand MAÉHSA of said products.



  1. PROTECTION OF PRIVACY

For more information on how we use your personal data collected on the Site or by telephone, please see our Privacy Policy.

You have the possibility to register on the anti-solicitation list, accessible on http://www.bloctel.gouv.fr.

The information collected by MFSF Associés representing the brand MAÉHSA during a Customer's order is necessary for the management of the transaction and to this end may be communicated in whole or in part to the service providers of the company MFSF Associés representing the brand MAÉHSA involved in the execution of the order. The Customer is informed that the same personal data may also be collected by an organisation in charge of analysing orders and fighting against credit card fraud. In accordance with the French Data Protection Act n°78-17 of 6 January 1978, the Customer has the right to access, rectify, oppose and delete data concerning him.



  1. MISCELLANEOUS

The fact that MFSF Associés representing the brand MAÉHSA refrains from demanding at a given moment the execution of any one or more stipulations of the present General Terms of Sale cannot be interpreted as a waiver of the right to invoke the said total or partial non-execution at a later date.

If any of the provisions of these General Terms and Conditions of Sale are declared invalid in whole or in part, the other provisions and the other rights and obligations arising from these General Terms and Conditions of Sale shall remain unaffected and applicable.




 12. SETTLEMENT OF DISPUTES - APPLICABLE LAW

These General Terms and Conditions of Sale are subject to French law, except for mandatory provisions to the contrary such as those arising from EC Regulation No. 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I). This choice of law has no effect on the Customer's right to benefit from the regulations applicable to consumer protection in the Customer's country of residence.

In the event of any difficulty arising in connection with the order or delivery of the Articles, the Customer will have the possibility, before taking any legal action, of seeking an amicable solution with MFSF Associés representing the brand MAÉHSA and of having recourse to the CMAP -

Centre de Médiation et d'Arbitrage de Paris, consumer ombudsman, under whose authority MFSF Associés representing the brand MAÉHSA

To submit a dispute to the mediator, the Customer may fill in the form on the CMAP website: www.cmap.fr under the "you are: a consumer" tab, send his request by simple or registered post to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or send an email to consommation@cmap.fr. Whatever the means used to refer the matter to CMAP, the Customer's request must contain the following elements in order to be processed rapidly: his postal address, e-mail address and telephone number as well as the full name and address of the company MFSF Associés representing the brand MAÉHSA , a brief statement of the facts, and proof of the steps taken by the Customer with MFSF Associés representing the brand MAÉHSA prior to referring the matter to CMAP.

The Customer remains free to accept or refuse recourse to mediation and, in the event of recourse to mediation, each party is free to accept or refuse the solution proposed by the mediator. In the absence of an amicable solution or recourse to mediation, all disputes to which the general terms and conditions of sale may give rise shall be submitted to the competent court in application of the rules laid down by the Code of Civil Procedure and the Consumer Code. The Customer may bring an action before the courts of the place of residence of MFSF Associés representing the brand MAÉHSA ; or the place of residence of the Customer; or the place of delivery of the Articles.

In addition, the European Commission provides an online alternative dispute resolution platform (OS platform), which can be accessed at https://ec.europa.eu/consumers/odr.
The e-mail address of MFSF Associés representing the brand MAÉHSA is : contact@maehsa-paris.com