Terms and Conditions
PEOPLE HOUSE
- APPLICATIONS OF THE GENERAL CONDITIONS OF SALE
These general terms and conditions of sale (GTC) aim to define the rights and obligations of the company MAISON PEOPLE and its Users and Customers on the website www.maison-people.com (hereinafter "the Site"). They apply exclusively between MAISON PEOPLE , SAS with capital of €1,000 registered under the unique number 892219460 RCS, whose head office is located at 30-32 boulevard de Sébastopol, 75004 Paris, France (hereinafter " MAISON PEOPLE ") and any individual consumer visiting or making a purchase via said Site (hereinafter "the Customer").
On the Site, MAISON PEOPLE allows the Customer to order online products of the MAISON PEOPLE brand (hereinafter "the Product(s)") according to these general conditions. Any order placed with MAISON PEOPLE therefore entails the Customer's unreserved acceptance of these conditions. These general conditions may be modified at any time and without notice by MAISON PEOPLE , the applicable conditions being those in force on the date of the order by the Customer.
- SITE INFORMATION AND SITE ACCESSIBILITY
www.maison-people.com is an e-commerce site owned and operated by MAISON PEOPLE .
The site is accessible to all users of the Internet network in principle 24/24h, 7/7d, except interruption, scheduled or not, by MAISON PEOPLE or its service providers, for the needs of its maintenance and/or security or cases of force majeure (as defined below). MAISON PEOPLE cannot be held responsible for any damage, whatever its nature, resulting from unavailability of the site.
MAISON PEOPLE does not guarantee that the Site will be free of anomalies, errors or bugs, nor that the Site will operate without breakdown or interruption. In this regard, it may freely determine at its sole discretion any period of unavailability of the Site or its content. MAISON PEOPLE cannot be held responsible for data transmission problems, connection problems or network unavailability.
MAISON PEOPLE reserves the right to modify the Site for technical or commercial reasons. When these modifications do not alter the conditions of the provision of services, in a substantial and negative manner, the Customer may be informed of the modifications made, but his acceptance is not requested.
III. REGISTRATION ON THE SITE
To be able to place an Order, the Customer must first register on the Site by creating an account containing the Customer's information (the " Account ").
The Customer's registration on the Site is validated by MAISON PEOPLE after verification of the standard form completed by the Customer. The Customer receives a registration confirmation email.
When creating his Account, the Customer must ensure the accuracy and completeness of the data he provides. The Customer is required to always update his personal information. In the event of an error in the wording of the recipient's contact details, MAISON PEOPLE cannot be held responsible for the impossibility of delivering Products.
By registering on the Site, the Customer declares and guarantees to MAISON PEOPLE that he/she is of legal age and has the legal capacity to enter into a contract.
MAISON PEOPLE may delete the Customer’s Account at any time, for any reason, at its sole discretion.
- PRODUCTS
The Products offered for sale are those described on the Site on the day the Customer consults the Site, within the limit of available stocks. These details are updated automatically in real time. However, an error in the update, whatever its origin, does not engage the responsibility of MAISON PEOPLE . As such, MAISON PEOPLE cannot be held responsible for the cancellation of an Order for a Product due to the exhaustion of stocks.
MAISON PEOPLE takes the greatest care in the presentation and description of its Products to best satisfy the Customer's information. However, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts.
MAISON PEOPLE does not guarantee the accuracy or security of information transmitted or obtained using the Site.
It is possible that the Customer may receive, following an Order, an item previously returned by another person. It is specified that MAISON PEOPLE only accepts the return of intact and unworn Products, these two conditions being checked before the returned Products are put back into stock.
- ORDERS
Placing an Order on the Site is subject to compliance with the procedure set up by MAISON PEOPLE on the Site, comprising successive stages leading to validation of the Order.
The Customer may select as many Products as he/she wishes, which will be added to the shopping cart (the " Shopping Cart "). The Shopping Cart summarizes the Products chosen by the Customer as well as the prices and associated costs. The Customer may freely modify the Shopping Cart before confirming his/her Order. Validation of the Order constitutes confirmation of the Customer's acceptance of the General Terms and Conditions, the Products purchased, their prices and the associated costs.
A confirmation email summarizing the Order (Product(s), price, availability of the Product(s), quantity, etc.) will be sent to the Customer by MAISON PEOPLE . For this purpose, the Customer formally accepts the use of email for confirmation by MAISON PEOPLE of the content of his Order. Invoices are available in the "my account" section of the Site.
- REFUSAL TO PROCESS AN ORDER
MAISON PEOPLE reserves the right to remove any Product displayed on the Site at any time and to replace or modify any content or information contained therein. Despite MAISON PEOPLE 's best efforts to meet its customers' expectations, it may be necessary for the latter to refuse to process an Order after having sent the Customer the confirmation email summarizing the Order.
MAISON PEOPLE cannot be held liable to the Customer or a third party for the harmful consequences of the withdrawal of a Product from the Site, or the replacement or modification of any content or information appearing on this Site, or the refusal to process an Order after sending the confirmation email summarizing the Order.
MAISON PEOPLE also reserves the right to refuse or cancel an Order from a Customer with whom it has a dispute over the payment of a previous order or an objective suspicion of fraud.
VII. PRICE AND PAYMENT TERMS
The prices of the products are indicated on the Site in euros, including VAT, but excluding customs fees and other taxes. Customs fees and other taxes must be paid by the Customer directly to the carrier.
All prices displayed are calculated and include the value added tax (VAT) applicable in France or that applicable in the country of delivery located in the European Union.
MAISON PEOPLE reserves the right to modify its prices at any time but the Products will be invoiced on the basis of the rates in effect at the time of registration and payment of the Order, subject to availability.
The Products are payable in cash upon actual Order.
Payment for purchases is made either via Paypal or via the secure platform of our payment provider STRIPE.
The Customer expressly acknowledges that the communication of his bank card number to MAISON PEOPLE constitutes authorization to debit his Account up to the price of the Products ordered. Where applicable, a notification of cancellation of Order for non-payment is sent to the Customer by MAISON PEOPLE to the email address provided by the Customer when registering on the Site.
The data recorded and stored by MAISON PEOPLE constitutes proof of the Order and all past sales. The data recorded by Paypal or STRIPE constitutes proof of any financial transaction between the Customer and MAISON PEOPLE .
VIII. DELIVERY AND COLLECTION OF ORDER
8.1. Delivery terms
Deliveries are provided by Colissimo services, from Monday to Saturday, depending on the option chosen by the Customer when confirming their Order.
Delivery means the transfer to the Customer of physical possession of the Products (the “ Delivery ”).
The Delivery costs applicable to the Order are those mentioned on the Site at the time of the Order in the “Deliveries and Returns” section.
When MAISON PEOPLE takes charge of the delivery of the Product, the risk of loss or deterioration of the Product is transferred to the Customer at the time of Delivery.
By way of exception, the risk is transferred to the Customer upon delivery of the Product to the carrier when the latter is responsible for transport by the Customer and not by MAISON PEOPLE .
Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the residential address of the Customer, of a natural person of his choice or of a legal entity (delivery to his company). Delivery cannot be made to hotels or to PO boxes.
In the event that Delivery cannot be made, due to an incorrect delivery address or the Customer's failure to collect their Order from the selected Colissimo collection point, no reshipment can be made and the Customer will be reimbursed within five (5) days of receipt of the Order by MAISON PEOPLE .
MAISON PEOPLE delivers Orders within a maximum period of twelve (12) working days for Delivery in Metropolitan France and twenty (20) working days for International Delivery, this period being calculated from the first working day after validation of the Order.
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 number, building number, staircase number, access codes, names and/or intercom numbers, etc.).
MAISON PEOPLE cannot be held responsible for any delay in delivery that is not its fault or justified by a case of force majeure (as defined below).
In the event of exceeding the Delivery time, the Customer may request cancellation of the sale and obtain, within a maximum period of fourteen (14) days of his request to this effect, the reimbursement of the sums paid on the occasion of the Order. Notwithstanding the foregoing, MAISON PEOPLE cannot be held responsible for the harmful consequences resulting from a delay in delivery, only the reimbursement of the Product by MAISON PEOPLE being possible to the exclusion of any other form of compensation.
Deliveries can also be made to a Relay Point, subject to acceptance of the package by the selected Relay Point.
- RIGHT OF WITHDRAWAL - REFUNDS AND RETURNS
9.1. Time limit and procedures for exercising the right of withdrawal
In accordance with article L.221-18 of the Consumer Code, the non-professional Customer has a period of fourteen (14) days from receipt of the Order to exercise his right of withdrawal with MAISON PEOPLE , without having to justify his decision.
The exercise of the right of withdrawal can be done by email to hello@maison-people.com.
9.2. Terms of return of the Order within the framework of the right of withdrawal
The right of withdrawal is exercised without penalty.
The Customer returns the Order with the prepaid return slip provided by MAISON PEOPLE , without undue delay and, at the latest, within fourteen (14) days following the communication of his decision to withdraw in accordance with article L. 221-21 of the Consumer Code.
Beyond this period of fourteen (14) days, the sale is firm and final. The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed. To make a return, the Customer must follow the procedure indicated on the return slip received with his Order.
The return of the Products is the responsibility of the Customer and is done at his risk although we advance the return costs by providing a prepaid return label to the Customer.
9.3. Reimbursement of Products returned under the right of withdrawal
The reimbursement of the Order by MAISON PEOPLE will be made at the latest within fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw.
However, the refund is made subject to MAISON PEOPLE having been able to recover the Products subject to the return.
MAISON PEOPLE will make the refund using the same means of payment as that which was used for the payment of the Order, unless the Customer expressly agrees to use another. If this means of payment has or will expire, the Customer must contact customer service to change the method of refund. This does not incur any costs for the Customer. MAISON PEOPLE cannot be held responsible for refunds on an expired means of payment.
The refund of an order paid with a gift card or credit will be automatically refunded as credit.
If the Customer fails to comply with these General Terms and Conditions, MAISON PEOPLE will not be able to refund the Products concerned. In all cases, the return costs are the responsibility of MAISON PEOPLE if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged.
In the case of an order collected in store, the same terms apply. If the customer expresses their wish for a refund for their order without having collected it in store, the refund made by MAISON PEOPLE will be in the form of a credit note.
- WARRANTIES - LIMITATION OF LIABILITY
10.1 Limitation of Liability
MAISON PEOPLE 's liability with respect to any Product purchased on the Site is strictly limited to the purchase price of the latter. MAISON PEOPLE will not be liable under any circumstances for the following losses, regardless of their origin:
- loss of income or sales
- operating loss
- loss of profits or contracts
- loss of expected savings
- data loss
- loss of working or management time
- damage to image
- loss of opportunity, and in particular of ordering a Product,
- moral prejudice.
The documents, descriptions and information relating to the Products appearing on the Site are not covered by any guarantee, express or implied, except for the guarantees provided by law.
MAISON PEOPLE provides no warranty regarding any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair any functionality of a computer or impair the proper functioning of the latter, including any transmission resulting from a download of any content made by the Customer, the software used by the Customer to download the content, the Site or the server that provides access to it. In this regard, the Customer acknowledges that it is his responsibility to install appropriate anti-virus and security software on his computer hardware and any other device in order to protect them against any bug, virus or other programming routine of this nature that proves harmful.
The Customer acknowledges that it assumes all risks associated with any content downloaded or otherwise obtained through the use of the Site and agrees that it is solely responsible for any damage caused to its computer system or any loss of data resulting from the download of this content.
MAISON PEOPLE is only required to deliver Products that comply with the contractual provisions. The Products are considered to comply with the contractual provisions if the following conditions are met: (i) they must comply with the description and have the characteristics set out on the Site; (ii) they must be suitable for the purposes for which products of this type are generally designed; (iii) they must meet the quality and resistance criteria that are generally accepted for products of the same type and which can reasonably be expected.
In addition, MAISON PEOPLE guarantees consumers against defects in conformity and hidden defects for the Products on sale on the Site under the following conditions:
- 2 Legal guarantees
All products on sale on the Site benefit from the legal guarantee of conformity (as defined in articles L217-4 et seq. of the Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 et seq. of the Civil Code), allowing the Customer to return defective or non-compliant Products delivered free of charge.
Legal guarantee of conformity
Article L217-4 of the Consumer Code: "The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed at his expense by the contract or has been carried out under his responsibility."
Article L211-5 of the Consumer Code: “To comply with the contract, the good must:
1) Be suitable for the use usually expected of a similar good and, where applicable:
correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2) Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L211-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.”
Guarantee against hidden defects
Article 1641 of the Civil Code: “The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.”
Article 1648 of the Civil Code: "The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from apparent defects or lack of conformity."
As part of the legal guarantee against hidden defects, MAISON PEOPLE , at the Customer's choice, undertakes, after assessment of the defect:
- Either to reimburse the full price of the returned Product,
- Either to reimburse part of the price of the product if the Customer decides to keep the Product.
Disclaimer of Warranties
Products modified, repaired, integrated or added by the Customer are excluded from the warranty. The warranty will not apply to apparent defects. The warranty will not cover Products damaged during transport after Delivery or due to improper use.
10.3 Terms of implementation of guarantees
As part of the legal guarantee of conformity, the Customer:
(i) benefits from a period of two (2) years from delivery of the goods to act;
(ii) may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L217-9 of the Consumer Code;
(iii) is exempt from providing proof of the existence of the lack of conformity of the goods during the two years.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The Customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
For any request concerning legal guarantees, the Customer must then contact the Customer Relations Department at hello@maison-people.com.
These provisions are not exclusive of the right of withdrawal defined in Article 9 above.
10.4 Consequences of the implementation of legal guarantees
As part of the legal guarantee of conformity, MAISON PEOPLE undertakes, at the Customer's choice:
- either to replace the Product with an identical product depending on available stocks,
- or to reimburse the price of the Product if the replacement of a Product proves impossible.
As part of the legal guarantee against hidden defects, MAISON PEOPLE , according to the Customer's choice, undertakes, after assessment of the defect:
- either to reimburse the full price of the returned Product, or to reimburse part of the price of the Product if the Customer decides to keep the Product.
10.5 Force Majeure
In the event of the occurrence of a force majeure event preventing the execution of these General Terms and Conditions, MAISON PEOPLE shall inform the Customer within fifteen (15) days of the occurrence of this event, by email or by registered letter with acknowledgment of receipt. Expressly, the following are considered to be cases of force majeure or unforeseeable circumstances, in addition to those usually accepted by the case law of French courts and tribunals: total or partial strikes, lockouts, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, acts of terrorism, bad weather, epidemics, blockages of means of transport or supplies for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes to forms of marketing, computer failure, blockages of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship. All obligations of the parties are suspended for the entire duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of MAISON PEOPLE or the Customer without compensation from either party. Failure to pay by the Customer cannot be justified by a case of force majeure.
- RETENTION OF TITLE
MAISON PEOPLE retains full ownership of the Products sold until full payment of the price, including principal, costs, taxes and mandatory contributions.
XII. PARTIAL DISABILITY
If one or more provisions of these General Terms and Conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision by a competent court, the other provisions shall retain their full force and scope.
XIII. NON-WAIVER
No tolerance, inaction or inertia on the part of MAISON PEOPLE may be interpreted as a waiver of its rights under the T&Cs.