Applicable as of June 15, 2020
Art. 1: Scope of Application
These General Terms and Conditions of Sales (“CGV”) shall apply, without any restrictions or reserves to all sales, the Seller concludes with non-professional purchasers (the Customer or Customers), wishing acquiring the products (“the products”), which sales, the Seller proposes on the following site: www.maisonroula.com. Products, which sales are proposed on the site, are:
- Ladies’ Wear (evening outfits, wedding dresses, ready-to-wear cloths or accessories)
Products main characteristics and mainly, specifications, illustrations and sizes or products’ capacity indications are provided on the following site: www.maisonroula.com. And the Customer shall be aware of, before placing his or her order.
A product choice and purchase are the Customer’s sole responsibility.
Products Sales are to be understood, within the limits of the available stocks, as precisely determined upon placing the order.
These CGV, General Conditions of Sales are accessible at any moment, on www.maisonroula.com. Site and shall prevail any other document.
The Customer declares having been acquainted with these CGV, and having accepted them, by striking the box affected, thereto, earlier to carrying out the on-line order procedure, of www.maisonroula.com.
Except for a proof to the contrary, the data saved in the computer system of the Seller are the proof or evidence to all transactions, concluded with the Customer.
The Seller’s Contact Details are the following:
MAISON ROULA, SASU
Share capital: 1000 euros
Registered at Paris Register of Commerce and Companies (RCS), under nº /88176629900013/ 15- Des Halles Street
Mail: info@maisonrula.com
Phone nº: 0778344726
Intra-Community VAT Nº: FR75881766299
Products shown on www.maisonroula.com. Site, are proposed to be sold, on the following territories:
All over the World!
In case an order is placed for a country other than Metropolitan France, the Customer shall import the concerned product or products.
Regarding all products, forwarded hors the European Union and DOM-TOM, the price shall be accounted without taxes, automatically, on the invoice.
Customs Fees and other local taxes or import fees or State taxes might be payable. They shall be assumed by the Customer, who shall alone be responsible thereof.
Art. 2: Price
Products are provided for applicable or effective tariffs, shown on www.maisonroula.com. Site, upon the seller’s registration of the order;
Prices are given in Euros, without taxes and all taxes included (HT &TTC).
Tariffs take into account any possible reductions, which the Seller might agree upon, on www.maisonroula.com. Site;
These tariffs are fixed and non-revisable, all long their validity period. However the Seller reserves the right to modify prices, at any time, outside the validity period.
Prices don’t include fees of processing, forwarding, transportation and delivery, which are billed, as supplement, under the conditions, provided on site and which are calculated earlier to placing the order.
The payment claimed to the Customer refers to the purchase total amount, including these fees and expenses.
The Seller establishes an invoice which is delivered to the Customer, outside the ordered products delivery.
Art. 3: Orders
The Customer may select the products he wishes to order, on www.maisonroula.com according to the following terms:
As written, under the example;
The Customer choses the product and adds it to his cart. As soon as added to the cart, the Customer may make removals or cancellation. If validation occurs, the Customer shall make payment, through CB (Amex included), Paypal or banking transfer. As soon as validated, the order cancelation becomes impossible, since the issue refers to custom products.
Product’s forwarding is done within twenty days, following the receipt of the Lady Client’s dimensions, further to the order.
Products offers are valid as long as they are visible on the site, within the limits of the available stocks.
The sale shall not be deemed valid, unless after the price full payment. The Customer may verify the order accuracy and immediately report any error.
Any order placed through www.maisonroula.com. Site, constitutes a distance contract, concluded between the Customer and the Seller.
The Seller reserves the right to cancel or reject any order, placed by a Client with whom he might be in litigation, regarding the payment of a previous order.
The Customer may track his order advancement, on the site.
Art. 3 Bis: Customer Account Area
To place an order, the customer is prompted to create an account (personal space).
For this purpose, he shall register by filling out the form, offered to him, simultaneously with his order. He undertakes providing true and accurate information, regarding his civil status and contact details, mainly his e-mail address.
The Client shall assume updating the furnished information. He may modify them, by logging into his account, precisely.
To access his personal space and the orders’ history, the Customer shall identify himself, with his user’s name and password that will be communicated to him, after getting registered, and yet they are strictly personal. Accordingly, the Customer shall abstain from any divulgation. In the contrary case, he shall solely be responsible for such use.
The Customer may equally, ask to unsubscribe, by visiting the page dedicated thereto, on his personal space or by sending an e-mail to: info@maisonroula.com. The latter shall be effective, within some reasonable period of time.
In case of non-compliance with the general conditions of sale and/or use, www.maisonroula.com., might suspend or even close a customer account, after a formal notice, electronically sent, remained ineffective.
Any account deletion, for any reason whatsoever, shall entail the pure and simple deletion of the relevant customer all personal information.
Any event due to a force majeure case, entailing the Site or server malfunction, while being subject to any interruption or modification in the event of maintenance, shall not engage the seller’s responsibility.
The account establishment leads to accepting these general conditions of sale.
Art. 4: Terms of Payment
Price is settled by secure means of payment, according to the following terms:
- credit card payment
- or payment, by bank transfer to the seller’s bank account (the details of which are communicated to the customer when the order is placed)
Customer may pay the price, in cash and in full, on the day the order is placed.
Payment data is exchanged in encrypted mode, according to the protocol, which is determined by the approved payment’s provider, who intervenes for banking transactions carried out on: www.maisonroula.com.
Payments the Customer makes, shall not be considered final, unless after the Seller makes effective collection of the due sums.
The Seller will not be required to deliver the products, ordered by the customer, if the latter does not pay him the price, in full under the above-indicated conditions.
Art. 5: Delivery
Products, which the customer ordered, will be delivered in metropolitan France or in the following zone (s):
All over the World
Deliveries will occur within 15 to 25 days, after receipt of measurements and not after placing the order, thus to the address, the Customer indicates upon on site order.
Delivery consists of the product physical possession or control transfer to the Customer. Except for special cases or unavailability of one or more items, the ordered products will be delivered in one operation.
The Seller undertakes to deploy his best efforts to deliver the products, which the Customer ordered, within the above specified deadlines.
If the ordered products have not been delivered within ten days (10) as of the indicated delivery date, for any reason other than force majeure or the Customer’s act, the sale may be canceled at the Customer’s written request, under the conditions provided for, by articles L 216-2; L 2163 and L241-4 of the Consumer Code. The sums paid by the Customer will be refunded to him, at the latest, within fourteen days following the date of the contract termination, while any compensation or withholding is excluded.
Deliveries are made by an independent carrier, to the address, the Customer provides upon placing his order and which the carrier can easily access.
When the Customer has recourse to calling on a carrier, he chooses himself, delivery is deemed to have been effectively made, when the ordered products are delivered by the Seller, to the carrier who accepts them, without any reserves. The Customer therefore acknowledges that the carrier shall be responsible to make the delivery, while he will have no guarantee recourse, against the Seller, in the event the delivery of the transported goods fails.
In the event the Customer has a specific request, concerning the ordered products’ conditions of packaging or transportation that were duly accepted in written by the Seller, the related costs will constitute the object of a specific additional invoice, to be established pursuant to an estimate, which the Client previously accepted in written.
The Customer shall verify the delivered products’ condition. He has a time delay of six (6) days, further to the delivery, to formulate complaints by email or whatsapp for business, accompanied by all the relevant supporting documents (photos in particular). After this period and failing to have accepted these formalities, the products will be deemed to conform and to be free of any apparent defect. Accordingly, the Seller will not validly accept any complaint.
The Seller will refund or replace, as soon as possible and at its expense, the delivered products, which conformity or apparent or hidden defects have been duly proved 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 General Conditions of Sale.
The transfer of the risks of loss and deterioration relating thereto, will only be carried out when the Customer takes physical possession of the products. The products travel thus, at the risk and peril of the Seller, except when the Customer himself has chosen the carrier. As such, the risks are transferred when the goods are handed over to the carrier.
Art. 6: Transfer of Ownership
The products transfer of ownership from the Seller to the Customer will only be carried out after full payment of the price by the latter, regardless of the date of said products delivery.
Article 7: Right of Withdrawal
Due to the nature of the sold products, orders the Customer places, do not benefit from the right of withdrawal.
The contract is therefore definitively concluded, upon the Customer placing the order, in accordance with the terms provided for, in these General Terms and Conditions of Sale.
Art. 8: Seller’s Responsibility- Guarantees
The products, the Seller provides, benefit from:
- The conformity legal guarantee, for defective, spoiled or damaged Products or not corresponding to the order.
- The legal guarantee against latent defects, as result of a material, design or manufacture defect, affecting the delivered products and making them unfit for use.
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
“The seller shall deliver goods, while in conformity with the contract. He shall be liable for any conformity failure, existing at the delivery time thereof. He also shall be held responsible for any conformity failure, due to packaging, assembly instructions or installation, when he assumes these issues, pursuant to the contract or when they have been carried out under its responsibility.”
Article L217-5 of the Consumer Code “The goods conform to the contract:
1- If they are suitable for the use, usually expected of similar goods and, if applicable:
- If they correspond to the description, the Seller provides, and if they have the qualities, the latter presented to the buyer, as a sample or model:
- If they have the qualities, which a Buyer can legitimately expect, based on the Seller, the producer or his representative public statements, and in particular through advertising or labeling.
2- Or if the goods have the characteristics, determined by mutual agreement between the parties or if they are suitable for any special use, sought by the buyer, informed to the Seller and which the latter has accepted.”
Article L217-12 of the Consumer Code
“An action emerging due to the lack of conformity shall be subject to prescription, two years after the goods delivery.”
Article 1641 of the Civil Code
“The seller shall be bound, by a sold item warranty for hidden defects, which make it unfit for its intended or affected use, or which reduce so much such use, that the buyer wouldn’t purchase, or would have given a lower price, if he were aware about them.”
Article 1648, paragraph 1 of the Civil Code
“The purchaser shall bring action, due to fatal defects, within two years, as of having discovered the defect.”
Article L217-16 of the Consumer Code
“During the commercial guarantee course, which he obtained, upon the acquisition or repair of movable property, and if the buyer asks the seller for a repair covered by the guarantee, any period of immobilization of at least seven days shall be added to the remaining guarantee duration. This period runs as of the buyer’s request for intervention or as of the provision of the concerned property, to be repaired, if such provision is subsequent to the intervention request.”
In order to assert his rights, the Customer must inform the Seller, in writing (email or letter), about the products non-compliance or the existence of hidden defects, as of their discovery moment or date.
The Seller will refund, replace or have repaired the Products or parts thereof, which are under guarantee and deemed non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced tariff and return costs will be refunded upon presentation of supporting documents.
Refunds, replacements or repairs of the products, deemed non-compliant or defective, will be made as soon as possible and at the latest within 20 to 30 days, following the Seller finding the lack of conformity or the hidden defect. This refund can be done by bank transfer or check.
The Seller shall not be liable in the following cases:
- Non-compliance with the legislation of the country to which the products are delivered; which issue’s verification is incumbent to the Customer.
- In case of misuse, use for professional purposes, negligence or lack of maintenance by the Customer, such as in case of normal wear and tear of the product, accident or force majeure.
- Photos and graphics showed on the site are not contractual and may not make the Seller incur responsibility.
The Seller guarantee is, in any and all cases, limited to the replacement or reimbursement of non-compliant or defective Products.
Art. 9- Personal Data
Le Customer is informed that his personal data collection is necessary, for selling the products and for their delivery/handing over, entrusted to the Seller. These personal data are collected only for the selling contract execution.
9-1 Collection of personal data
The personal data, collected on the site www.maisonroula.com are as follows:
Account opening
When establishing the Client/ User account:
Family Name (s), first name (s), postal address, phone number and e-mail address.
Payment
As part of the payment, for the Products offered on www.maisonroula.com, this site records financial data related to the bank account or the Credit card of the Client/user.
9-2 Recipient of personal data
Personal data is reserved for the sole use of the Seller and its employees.
9-3 Data controller
The data processing controller is the Seller, pursuant to the Data Protection Act, and Regulation 2016/679 on personal data protection, as of May 25, 2018.
9-4 Limitation of processing
The Customer personal data is not used for advertising or marketing purposes, unless if he expressly agrees upon so.
9-5 Data Keeping period
The Seller will keep the data thus collected for a period of 5 years, covering accordingly, the period of the prescription period for the applicable contractual civil liability.
9-6 Security and confidentiality
The Seller shall implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it’s worthy to note that Internet is not a completely secure environment and the Seller cannot guarantee the security of the Information transmission or storage, on Internet.
9-7 Customers and Users’ Rights Implementation
In application of personal data applicable regulations, www.maisonroula.com Customers and users will have the following rights:
- They can update or delete data, concerning them in the following way: by logging into their account and removing cookies, by unsubscribing from the newsletter.
- They may delete their account by writing to the email address indicated under article 93: “Data controller”.
- They may exert their right of access, in order to be acquainted with their personal data by sending a mail to the address indicated under article 9-3: “Data controller”.
- If personal data, which the Seller holds, is inaccurate, they may request to update the information by sending a mail to the address indicated under Article 9-3: “Data Controller”.
- They may ask for deleting their personal data, pursuant to the applicable data protection laws, by sending a mail to the address indicated under Article 9-3 “Data Controller”.
- They may also ask for transferring the data held by the Seller to another service provider.
- Finally, they may object to their data processing, by the Seller.
These rights, as long as they do not preclude the processing purpose, may be exerted, by sending a request, by mail or by e-mail to the Data Controller, whose contact details are above provided.
The Data Controller shall provide answer, within a maximum delay of one month.
Refusal to positively correspond to the Customer’s request shall be motivated.
The Customer is informed that in case of refusal, he may lodge complaint with CNIL (3 place de Fontenoy, 75007 PARIS) or have recourse before a judicial authority.
The Customer may be invited to tick a box, pursuant to which he agrees to receive informative and advertising emails from the Seller. He may always retract his agreement, at any time by getting in touch with the Seller (contact details are above provided) or by following the unsubscribe link.
Art. 10- Intellectual Property
www.maisonroula.com site content is the property of the Seller and his partners. It is protected by French and International laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is liable to constitute a counterfeiting offense.
Art. 11- Applicable Law-Language
These General Conditions of Sale and the operators resulting therefrom are governed by and subject to French law.
These General Conditions of Sale are written in French. If they are translated into one or more foreign languages, only the French text will prevail, in case of dispute.
Art. 12- Disputes
For any complaint, please contact customer service at the Seller’s postal or email address, provided under article 1 of these General Conditions of Sale.
The Customer is informed that he may, in any case, have recourse to conventional mediation, with existing sector mediation bodies or to any alternative dispute resolution method (conciliation, for example) in the event of dispute.
In this case, the appointed mediator is
——————————
—————————— —————————— E-mail:
The Client is also informed that he may also use the Online Dispute Resolution platform (RLLL): https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes emerging, due to purchase and sale transactions, concluded in application of these General Conditions of Sale and which have not been amicably settled between the Seller or by mediation, will be submitted to the competent courts under the conditions of the common law.
