Terms & Conditions
1. Object
1.1 These general conditions of sale (the “General Conditions”) are applicable to orders for products made over the internet with Maison Artesa (“MaisonArtesa.com”). By placing an order with Maison Artesa, the consumer (the "Buyer") accepts the application of these General Conditions.
1.2 No general conditions contrary to or derogating from these General Conditions shall apply between Maison Artesa and the Buyer.
1.3 The general conditions of sale also apply to all products delivered directly by our partners whose products we sell.
2. Order
2.1 Maison Artesa accepts orders from Buyers having their head office or domicile in Europe, the United States or Canada.
2.2 By placing an order with Maison Artesa, the Purchaser declares that they enjoy the exercise of civil rights. Minors or persons under guardianship (guardianship) must, prior to any purchase, provide written authorization from their legal representative or guardian (guardian) before being able to place an order.
3. Order without obligation to purchase
The Buyer can order and receive items at home without any obligation to purchase.
4. Conclusion of the contract
4.1 In the event of a mobile or internet order, the Contract is concluded when the order is confirmed by Maison Artesa. This confirmation is sent to the Buyer after validation of his order by pressing the "confirm" button.
4.2 Maison Artesa assumes no responsibility for the fact that goods ordered can no longer be delivered due to lack of available stocks, additional supply or production.
4.3 Maison Artesa remains free to withdraw or modify the offer of the products offered, at its sole discretion and at any time.
4.4 Within 24 (twenty-four) hours of entering into a Contract with Maison Artesa, the Buyer may request to modify or cancel the Contract. Maison Artesa remains free to accept or refuse the Buyer's request for modification or cancellation.
The Buyer may not, under any circumstances, modify or cancel a Contract with Maison Artesa when he has ordered items which have been manufactured and / or personalized at his request or when the items ordered are already being delivered.
5. Price
5.1 The selling prices of the products are indicated in Euros. They include VAT and any reductions applicable on the day of the order.
5.2 The sale prices do not include delivery costs. The amount of delivery costs is added to the sale price. For orders made by mobile or internet, the delivery costs are indicated in the order summary ("basket").
5.3 Once the order has been confirmed, its price cannot be changed.
5.4 Subject to the foregoing, Maison Artesa is authorized to modify, at its sole discretion and at any time, the price of the goods offered.
6. Shipping costs
6.1 Delivery is free for orders over 100 euros, including VAT, excluding delivery costs. (150 euros for rest of Europe).
6.2 For orders where the purchase amount is less than 100 euros, including VAT, excluding delivery costs, a contribution to the shipping costs of 8 euros will be invoiced in addition to the sale price (14 euros for rest of Europe and 25 euros for US & CA).
7. Delivery time
7.1 The delivery times indicated in these General Conditions are indicative. This is by no means a commitment. The Buyer is required to accept any delivery of products, even if the delivery is received after the time indicated.
7.2 For internet and mobile orders, the delivery time for an entire order is indicated in the order summary ("basket").
7.3 Failure to meet a delivery deadline does not entitle the Buyer to any rights against Maison Artesa.
8. Delivery
8.1 Deliveries are made, depending on the goods, by post, by the shipping service mandated by Maison Artesa or by the delivery services of our partners.
8.2 If the Buyer does not take possession of the goods sent by post within 7 days, Maison Artesa may de jure consider the order as canceled and recover the goods. If a sale price has been paid, it will be returned to the Purchaser less the costs associated with the return of the goods. If no price has been paid, the Buyer will be invoiced for the cost of returning the goods.
8.3 When the goods are delivered by the shipping service mandated by Maison Artesa, the Buyer and the shipping service will agree on a delivery day. If the Buyer does not receive the goods on the agreed delivery date, Maison Artesa may automatically consider the order canceled and recover the goods. If a sale price has been paid, it will be returned to the Purchaser less the costs associated with the delivery and return of the goods. If no price has been paid, the Buyer will be invoiced for the costs of delivering and returning the goods.
8.4 When the goods are delivered by the delivery services of our partners, the special delivery conditions of the latter apply.
9. Transfer of risk
9.1 The transfer of risk - which includes the risk of loss as well as degradation of the goods - passes to the Buyer upon receipt of the goods.
9.2 If the Buyer does not take possession of the goods, the transfer of risk passes to the Buyer when the goods are returned to Maison Artesa.
9.3 If the Buyer returns goods to Maison Artesa, the Buyer bears the risk until receipt of the goods by Maison Artesa.
10. Terms of return
10.1 Items delivered by Maison Artesa may be returned or exchanged within 15 days of receipt of delivery using the label provided by Maison Artesa customer service.
10.2 Returned or exchanged items must be intact and complete, in their original packaging (with the label with its references) and accompanied by the delivery slip. If returned or exchanged items do not meet the aforementioned conditions, Maison Artesa is entitled to return the goods to the Buyer and invoice them. The delivery costs may, in this case, be borne by the Buyer.
10.3 Items delivered in a kit which have been unpacked and assembled, as well as items ordered to measure or personalized, may under no circumstances be returned or exchanged.
10.4 In the event of return of goods, the return costs are the responsibility of Maison Artesa (return slip provided according to the reasons and conditions of return).
10.5 In the event of partial deliveries, the period begins to run upon receipt of each individually sent package.
11. Payment
11.1 Payment for the goods can be made by credit card (Visa, Mastercard) or by Paypal payment.
11.2 By placing an order with Maison Artesa, the Buyer expressly authorizes Maison Artesa to check its solvency with third-party organizations.
11.3 Maison Artesa may unilaterally impose a method of payment on the Buyer or refuse to enter into a Contract with him.
11.4 Regardless of the method of payment used, the Purchaser understands and accepts that his payment may pass through a financial intermediary subject to legal obligations in terms of money laundering.
> Payment by credit card
11.5 La Redoute accepts payment by Visa and MasterCard credit cards.
11.6 In case of payment by credit card, the Buyer's credit card will be debited at the time of order confirmation. If an item is sold out or canceled, Maison Artesa will refund the order in full.
11.7 La Redoute is not responsible for any debit related charges.
> Payment by Paypal
11.8 The Buyer can pay Maison Artesa through his Paypal account. In this case, an order confirmation will be sent by e-mail to the Buyer.
11.9 The Buyer's Paypal account will be debited at the time of order confirmation.
12. Retention of title
Subject to contrary provisions provided for by applicable legislation, ownership of the delivered products will not pass to the Purchaser before full payment for the products.
13. Product verification
13.1 The Buyer must inspect the products within 7 days of receipt and must immediately notify Maison Artesa of any defect or damage caused to the products. In the absence of notice from the Purchaser within the aforementioned period, the products are deemed to have been received in good condition, without defects or damage, and accepted as is, except for hidden defects.
13.2 In the event of a finding of an invisible defect, the Purchaser must, immediately upon discovery, notify Maison Artesa of this defect. The Buyer will forfeit his rights in the event of a late notice.
14. Guarantee
14.1 Subject to the incumbencies provided for, all products sold by Maison Artesa are guaranteed for 1 year. The warranty takes effect on the date of delivery of the item and is supported by the invoice accompanying the product.
14.2 For the sake of clarity, the granted warranty does not cover defects resulting from an accident, improper handling, improper use or unauthorized modification or repair as well as defects resulting from normal wear and tear of the Products over time.
14.3 To assert a warranty, the Buyer must send to Maison Artesa, at its own expense, the goods under warranty that are the subject of a defect.
14.4 If Maison Artesa finds a case of warranty, it may, at its sole discretion, replace the defective product and / or parts with another product deemed equivalent, respectively with spare parts or repair. If there is no equivalent product or spare parts or if it is not possible to repair the product, Maison Artesa may, depending on its assessment of the extent of the defect found, indemnify the Purchaser for the minimum -value of the article caused by the defect or refund the purchase price in full.
14.5 Maison Artesa undertakes to use its best efforts to process the warranty request within a reasonable time.
14.6 UNDER NO CIRCUMSTANCES CAN MAISON ARTESA BE HELD LIABLE TO THE PURCHASER OR THIRD PARTIES FOR ANY DAMAGE, INCLUDING INDIRECT OR CONSEQUENTIAL, INCLUDING IN PARTICULAR LOSS OF PROFIT, ECONOMY, PRODUCTION, CONTRACT, GOODWILL OR BUSINESS OPPORTUNITY RESULTING FROM A DEFECT IN A PRODUCT. As such, the PURCHASER WAIVES ANY CLAIM FOR DAMAGES IN CONNECTION WITH A DEFECTIVE PRODUCT. THE BUYER'S SOLE CLAIMS TOWARDS MAISON ARTESA ARE THOSE APPEARING IN THIS ARTICLE IN CONNECTION WITH THE CONTRACT AS REGULATED BY THESE GENERAL CONDITIONS AND / OR ANY PRODUCT SOLD.
15. Protection of personal data
15.1 When ordering, the personal data of a Purchaser are collected and are subject to computer processing.
15.2 Maison Artesa ensures that the data of its customers are processed in accordance with the legislation in force. The data recorded is used in particular for the recording and processing of orders, the administration of personal customer accounts, the performance of marketing studies and the development of statistics. The purpose of data processing is improvement, quality control of services as well as market research.
15.3 The Buyer authorizes and gives its consent to Maison Artesa so that it can, in particular:
- obtain or forward its recorded data to third parties insofar as this is essential for the performance of a certain service (eg: administration and management of personal accounts, monitoring of payments, payment of goods to a supplier , recourse to a financial intermediary, etc.);
- use and transmit to business partners its data for marketing purposes or in order to receive targeted offers by e-mail;
- communicate to a third party all the data necessary for the recovery of debt (s).
15.4 The Buyer may, due to the processing of his data by Maison Artesa, receive commercial proposals from other companies or organizations.
15.5 The Buyer may, at any time, limit or prohibit the use or communication of his data for marketing and advertising purposes.
16. Abuse of promotional codes
16.1 Maison Artesa may send promotional codes to Buyers so that they can benefit from special offers. These promotional codes are personal and non-transferable. They must under no circumstances be communicated to third parties or on promotion sharing platforms.
16.2 The Buyer who receives a promotional code is only allowed to use it once under the terms of the offer. The Buyer is prohibited from using promotional codes other than those addressed to him.
16.3 Any abuse of promotional codes (for example by multiplying purchases with different accounts, by entering promotional codes intended for third parties, by multiplying purchases in a short period of time, etc.) entails the right of Maison Artesa de i ) withdraw from the contract, ii) claim the return of the goods ordered in violation of this provision as well as iii) claim damages from the Buyer who commits the abuse.
17. Modification of the General Conditions
Maison Artesa reserves the right to unilaterally modify its General Conditions at any time. Nevertheless, the Contract will be governed by the General Conditions in force at the time of its conclusion.
18. Applicable law and competent courts
18.1 The Contract as regulated by these General Conditions, the General Conditions and all subsequent orders are governed by Swiss law.
18.2 Subject to the other mandatory jurisdictions provided for in contracts concluded with consumers, all disputes, disputes or claims arising from the Contract and these General Conditions or relating to them, will be settled by the competent courts in Zürich.
Legal Notice
Address:
Maison Artesa
Alpenblickstrasse 24
8645 Jona
Switzerland
Email
Managing Director: Monia Barwitzki-Lefèvre
Field of Application: Distance Selling of Fashion and Decorative Items