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Terms and Conditions of Sale

GENERAL TERMS AND CONDITIONS OF SALE

These general terms and conditions of sale (hereinafter referred to as the “General Terms”) apply to any purchase made by a natural or legal person (hereinafter referred to as the “Customer”) from Maison Chaperon, a limited liability company registered in the Dijon Trade and Companies Register, with its registered office located at 3 rue de Bellevue, 21000 DIJON, FRANCE, Tel: +33(0)7.45.29.02.08, Email: bonjour@maisonchaperon.fr (hereinafter referred to as the “Seller”).

IMPORTANT:

Any order placed implies the Customer’s unconditional acceptance of these General Terms.

ARTICLE 1: DEFINITIONS

The terms used below have the following meanings in these General Terms:

“Customer”:
Refers to the contracting party of the Seller, who guarantees that they are a consumer as defined by French law and case law. As such, it is expressly stated that the Customer is acting outside of any usual or commercial activity.

“Delivery”:
Refers to the first presentation of the products ordered by the Customer at the delivery address indicated during the order.

“Territory”:
Refers to mainland France (excluding overseas departments and territories).

ARTICLE 2: PURPOSE

These general terms and conditions govern the sale of products by the Seller to its customers. The Customer is clearly informed and acknowledges that the sales are aimed at consumers, and that professionals must contact the Seller’s sales department in order to benefit from distinct contractual terms.

ARTICLE 3: ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS

The Customer agrees to read these general terms and conditions carefully and to accept them before proceeding with the payment for an order of products placed on the website. These general terms and conditions are referenced at the bottom of each page of the website via a link and must be consulted before placing the order. The Customer is invited to read, download, print the general terms and keep a copy. The Seller advises the Customer to read the general terms with each new order, as the latest version of these terms will apply to any new order of products. By clicking on the first button to place the order and then on the second button to confirm said order, the Customer acknowledges having read, understood, and accepted the general terms and conditions without any limitation or condition.

ARTICLE 4: PURCHASING PRODUCTS ON THE SITE

To purchase a product, the Customer must be at least 18 years old and have legal capacity, or if a minor, must be able to provide proof of consent from their legal representatives. An asterisk (*) indicates mandatory fields that must be completed for the Customer’s order to be processed by the Seller. The Customer can check the status of their order on the website. Delivery tracking can, where applicable, be done using the online tracking tools of certain carriers. The Customer can also contact the Seller’s sales department at any time by email at bonjour@maisonchaperon.fr to obtain information about the status of their order. The information provided by the Customer to the Seller when placing an order must be complete, accurate, and up to date. The Seller reserves the right to ask the Customer to confirm, by any appropriate means, their identity, eligibility, and the information provided.

ARTICLE 5: ORDERS

ARTICLE 5.1: PRODUCT CHARACTERISTICS

The Seller agrees to present the essential characteristics of the products (on the product information sheets available on the website) and the mandatory information that the Customer must receive under the applicable law. The Customer agrees to read this information carefully before placing an order. Unless expressly stated otherwise, all products sold by the Seller are new and comply with current European legislation and applicable standards in France.

ARTICLE 5.2: ORDER PROCEDURE

5.2.1: ORDERS

Once the products are selected and placed in the shopping cart, the Customer must click on the cart and verify that the content of their order is correct. If the Customer has not done so already, they will then be prompted to log in or register. Once the Customer has confirmed the contents of the cart and logged in/registered, an online form will automatically appear, summarizing the price, applicable taxes, and, if applicable, delivery fees. The Customer is invited to verify the contents of their order (including the quantity, characteristics, and references of the ordered products, billing address, payment method, and price) before confirming its details. The Customer can then proceed to the payment for the products by following the instructions on the website and providing all necessary information for billing and delivery of the products. For products with available options, these specific references will appear when the correct options are selected. Orders placed must include all the information required for the proper processing of the order. The Customer must also select their preferred delivery method.

5.2.2: ACKNOWLEDGEMENT OF RECEIPT

Once all the steps described above are completed, the Customer will receive an email acknowledging receipt of their order. The Seller does not send any order confirmation by postal mail or fax.

5.2.3: BILLING

During the order process, the Customer will need to provide the necessary billing information (an asterisk (*) will indicate mandatory fields that must be completed for the Seller to process the Customer’s order). The Customer must clearly provide all delivery-related information, including the exact delivery address and any access codes required for delivery. The Customer must also specify the chosen payment method. Neither the order form that the Customer completes online, nor the order acknowledgement email that the Seller sends to the Customer, constitutes an invoice. Regardless of the ordering or payment method used, the Customer will be able to download their invoice from their personal account.

5.3: PRICE

For all products, the Customer will find prices displayed in euros, including all taxes, as well as applicable delivery fees (depending on the weight of the package, excluding packaging and gifts, the delivery address, and the chosen carrier or mode of transport). Prices include, in particular, value-added tax (VAT) at the rate in effect on the date of the order. Any changes to the applicable VAT rate may affect the price of the products from the date the new rate takes effect.
The applicable VAT rate is expressed as a percentage of the value of the product sold. The Seller’s supplier prices are subject to change. As a result, prices displayed on the website may change and can also be adjusted in the event of special offers or sales. The prices indicated are valid, except in the case of a gross error. The applicable price is the one displayed on the website on the date the Customer places the order.

5.4: AVAILABILITY OF PRODUCTS

The Seller agrees to deliver the product to the Customer as soon as possible, unless the parties have agreed otherwise. Customers may also be informed by the Seller about the restocking of a product. In any case, if the unavailability was not indicated at the time of the order, the Seller commits to informing the Customer promptly if the product is unavailable. In the event a product is unavailable, the Seller may, and if the parties agree, offer an alternative product of equivalent quality and price, which the Customer must accept. If the Customer decides to cancel their order for unavailable products, they will be refunded all amounts paid for the unavailable products no later than thirty (30) days after the payment.

ARTICLE 6: RIGHT OF WITHDRAWAL

The terms of the right of withdrawal are outlined in the “Withdrawal Policy,” which is available as Annex 1 to these terms.

ARTICLE 7: PAYMENT

7.1: PAYMENT METHODS

The Customer can pay for their products online on the website using the payment methods offered by the Seller.
The Customer guarantees the Seller that they have all the necessary authorizations to use the chosen payment method.
The Seller will take all necessary measures to ensure the security and confidentiality of the data transmitted online as part of the payment process on the website.
It is specified that all payment-related information provided on the site is transmitted to the bank of the website and is not processed on the site.

7.2: PAYMENT DATE

In the case of a one-time credit card payment, the Customer’s account will be debited as soon as the order of products is placed on the site.
In the case of partial delivery, the total amount will be debited from the Customer’s account as soon as the first package is shipped. If the Customer decides to cancel their order for unavailable products, the refund will be processed in accordance with the last paragraph of Article 5.5 of these General Terms and Conditions.

7.3: DELAY OR REFUSAL OF PAYMENT

If the Customer’s bank refuses to charge a credit card or another payment method, the Customer must contact the Seller’s customer service to pay for the order by another valid payment method. In the event that, for any reason, opposition, refusal, or any other issue prevents the transmission of the funds owed by the Customer, the order will be canceled and the sale will be automatically terminated.

ARTICLE 8: PROOF AND ARCHIVING

Any contract concluded with the Customer for an order exceeding 120 euros including tax will be archived by the Seller for a period of ten (10) years in accordance with Article L. 213-1 of the Consumer Code. The Seller agrees to archive this information to ensure transaction tracking and to provide a copy of the contract upon the Customer’s request. In the event of a dispute, the Seller will be able to prove that their electronic tracking system is reliable and guarantees the integrity of the transaction.

ARTICLE 9: TRANSFER OF OWNERSHIP

The Seller remains the owner of the products delivered until they are fully paid for by the Customer.
The above provisions do not prevent the transfer of the risks of loss or damage of the products subject to the retention of title to the Customer, at the time of receipt by the Customer or by a third party designated by the Customer, other than the carrier, as well as the risks of damage that the products may cause.

ARTICLE 10: DELIVERY

The delivery terms for the products are outlined in the “Delivery Policy” referenced in Annex 2 of these terms.

ARTICLE 11: PACKAGING

The products will be packaged in accordance with current transportation standards to ensure maximum protection for the products during delivery. Customers agree to adhere to the same standards when returning products under the conditions set out in Annex 1 – Withdrawal Policy.

ARTICLE 12: WARRANTIES

In addition to any commercial warranties that the Seller may offer for certain products, every Customer benefits from “legal” warranties for all products, which are detailed below, in accordance with Article L. 111-1 of the Consumer Code.

ARTICLE 12.1: COMPLIANCE WARRANTY

Article L. 217-4 of the Consumer Code: “The Seller delivers a good that conforms to the contract and is liable for any compliance defects existing at the time of delivery. The Seller is also liable for compliance defects resulting from the packaging.”

Article L. 217-5 of the Consumer Code: “The good is in conformity with the contract if:

1° It is fit for the usual purpose expected of a similar good and, where applicable:

  • It matches the description given by the Seller and possesses the qualities that the Seller presented to the Buyer in the form of a sample or model;
  • It has the qualities that a buyer can legitimately expect in view of public statements made by the Seller, the producer, or their representative, especially in advertising or labeling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any specific use sought by the Buyer, communicated to the Seller and accepted by them.”

The Seller is liable for any compliance defects existing at the time of delivery and for compliance defects resulting from the packaging.

ARTICLE 12.2: WARRANTY AGAINST HIDDEN DEFECTS

The Seller is liable for defects in the product sold that render it unfit for its intended use, or that so significantly reduce its usefulness that the Customer would not have purchased it, or would have paid a lesser price, had they known of these defects (Article 1641 of the Civil Code). This warranty allows the Customer, who can prove the existence of a hidden defect, to choose between a refund of the product’s price if returned, or a partial refund if the product is not returned. In the event that replacement or repair is impossible, the Seller agrees to refund the price of the product within thirty (30) days of receiving the returned product, in exchange for the return of the product by the Customer to the following address: 3 rue de Bellevue, 21000 Dijon, France. The action resulting from hidden defects must be brought by the Customer within two (2) years from the discovery of the defect (first paragraph of Article 1648 of the Civil Code).

The taste of cork or any defect inside the bottle that is not visible to the Seller does not constitute a hidden defect. However, in good faith, the Seller will contact the winery to attempt to replace the affected bottles.

ARTICLE 13: LIABILITY

The Seller’s liability cannot be engaged in the event of non-performance or improper performance of contractual obligations attributable to the Customer, notably during the order process. The Seller cannot be held responsible or considered to have breached these terms for any delay or non-performance if the cause of the delay or non-performance is related to a force majeure event, as defined by the case law of French courts and tribunals.

ARTICLE 14: FORCE MAJEURE

The Seller’s liability cannot be engaged if the non-performance or delay in the performance of any of its obligations described in these General Terms and Conditions results from a force majeure event.
Force majeure in contractual matters occurs when an event beyond the control of the debtor, which could not have been reasonably foreseen at the time the contract was concluded and whose effects cannot be avoided by appropriate measures, prevents the debtor from fulfilling their obligation. If the hindrance is temporary, the execution of the obligation is suspended unless the resulting delay justifies the termination of the contract. If the hindrance is permanent, the contract is automatically terminated, and the parties are released from their obligations under the conditions set out in Articles 1351 and 1351-1 of the Civil Code.

In this regard, the Seller’s liability cannot be engaged, notably in the event of a cyberattack, unavailability of materials, supplies, spare parts, personal equipment, or others, interruptions in electronic communication networks, or any circumstance or event beyond the Seller’s control occurring after the conclusion of the General Terms and Conditions and preventing performance under normal conditions. It is specified that, in such a situation, the Customer cannot claim any compensation and cannot take any legal action against the Seller. In the event of one of the aforementioned occurrences, the Seller will endeavor to inform the Customer as soon as possible.

ARTICLE 15: PERSONAL DATA

The Seller collects personal data from its customers on the website, including through cookies. Customers can disable cookies by following the instructions provided by their browser. The data collected by the Seller is used to process orders placed on the website, manage the customer’s account, analyze orders, and, if the customer has expressly chosen this option, to send them marketing communications, newsletters, promotional offers, and/or information about special sales, unless the customer no longer wishes to receive such communications from the Seller. The customer’s data is kept confidential by the Seller for the purposes of the contract, its execution, and in compliance with the law. Customers can unsubscribe at any time by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of each offer received by email. The data may be shared, in whole or in part, with the Seller’s service providers involved in the order process. For commercial purposes, the Seller may transfer customers’ names and contact information to its business partners, provided that the customers have expressly given their prior consent during registration on the website. The Seller will specifically ask customers if they wish for their personal data to be disclosed. Customers can change their mind at any time by contacting the Seller. The Seller may also ask its customers if they wish to receive commercial solicitations from its partners.

In accordance with French Law No. 78-17 of January 6, 1978, relating to information technology, files, and freedoms, and Regulation (EU) 2016/679 of the European Parliament and Council of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, GDPR), the Seller ensures the implementation of the rights of the data subjects.
It is reminded that the customer whose personal data is processed has the right of access, rectification, update, portability, and deletion of the information concerning them, in accordance with Articles 39 and 40 of the modified French Data Protection Act and Articles 15, 16, and 17 of the European General Data Protection Regulation (GDPR).
In accordance with the provisions of Article 38 of the French Data Protection Act and Article 21 of the GDPR, the customer may also, for legitimate reasons, object to the processing of their data, without cause and free of charge.
The customer may exercise these rights by sending an email to: bonjour@maisonchaperon.fr or by mailing a letter to Maison Chaperon, 3 rue de Bellevue, 21000 Dijon, France.
It is specified that the customer must be able to justify their identity, either by scanning an ID card or by sending a photocopy of their identity document to the Seller.

ARTICLE 16: CLAIMS

The Seller provides the customer with a “customer service phone line” at the following number: +33(0)7.45.29.02.08 (non-premium rate number). Any written claim from the customer must be sent to the following address: Maison Chaperon, 3 rue de Bellevue, 21000 Dijon, France.

ARTICLE 17: INTELLECTUAL PROPERTY

All visual and auditory elements of the website, including the underlying technology used, are protected by copyright, trademark, and/or patent law. These elements are the exclusive property of the Seller. Anyone who operates a website and wishes to create a direct hyperlink to the site must request authorization from the Seller in writing. This authorization from the Seller will not be granted permanently. The link must be removed at the Seller’s request (within 10 days of notification). Hyperlinks to the site using techniques such as framing or in-line linking are strictly prohibited.
Any representation or reproduction, in whole or in part, of the site and its content, by any means whatsoever, without the prior express permission of the Seller, is prohibited and constitutes an infringement subject to penalties under Articles L.335-2 et seq. and Articles L.713-1 et seq. of the Intellectual Property Code.
By accepting these General Terms and Conditions (GTC), the customer acknowledges the intellectual property rights of the Seller and agrees to respect them.

ARTICLE 18: VALIDITY OF THE GENERAL TERMS AND CONDITIONS

Any modification of the applicable legislation or regulations, or any decision by a competent court invalidating one or more clauses of these general terms and conditions, shall not affect the validity of these general terms and conditions. Such modification or decision shall in no case authorize customers to disregard these general terms and conditions.
Any conditions not expressly addressed in these terms will be governed in accordance with industry practice in retail commerce for companies whose registered office is located in France.

ARTICLE 19: MODIFICATION OF THE GENERAL TERMS AND CONDITIONS

These general terms and conditions apply to all purchases made from Maison Chaperon.
The general terms and conditions are dated precisely and may be modified and updated by the Seller at any time. The applicable general terms and conditions are those in force at the time of the order. Changes made to the general terms and conditions will not apply to products already purchased.

ARTICLE 20: JURISDICTION AND APPLICABLE LAW

These general terms and conditions, as well as the relationship between the customer and the Seller, are governed by French law. In case of a dispute, only French courts will have jurisdiction. However, before resorting to judicial or arbitral proceedings, the customer is invited to contact the Seller’s claims service. If no agreement is reached, or if the customer demonstrates having made a prior attempt to resolve the dispute directly with the Seller through a written claim, a voluntary mediation procedure will be proposed, conducted in a spirit of fairness and good faith, aimed at reaching an amicable agreement regarding any conflict related to this contract, including its validity.
To initiate this mediation, the customer may contact the Seller’s mediator: Maison Chaperon, whose contact details are: bonjour@maisonchaperon.fr, and who can be reached via this link: https://www.maisonchaperon.fr.
The party wishing to initiate the mediation process must first inform the other party by registered letter with acknowledgment of receipt, outlining the elements of the dispute. Mediation is not mandatory, and either the customer or the Seller may withdraw from the process at any time. If mediation fails or is not considered, the dispute, having undergone mediation, will be referred to the competent court as designated above.

ANNEX: WITHDRAWAL POLICY

WITHDRAWAL PRINCIPLE
The customer has the right to withdraw from the contract by returning or handing over the product to the Seller.
To exercise this right, the product must be returned or handed over without undue delay, and no later than fourteen (14) days after the communication of the decision to withdraw, unless the Seller offers to retrieve the product themselves.

WITHDRAWAL PERIOD
In accordance with Article L.221-18 of the Consumer Code, the withdrawal period expires fourteen (14) days after the day on which the customer, or a third party other than the carrier and designated by the customer, takes physical possession of the product.
In cases where the customer has ordered several products through a single order that leads to multiple deliveries (or in the case of a single order delivered in several batches), the withdrawal period expires fourteen (14) days after the day on which the customer, or a third party other than the carrier and designated by the customer, takes physical possession of the last product delivered.
If the customer’s order concerns multiple products and these products are delivered separately, the withdrawal period expires fourteen (14) days after the day on which the customer, or a third party other than the carrier and designated by the customer, takes physical possession of the last product.

NOTIFICATION OF WITHDRAWAL RIGHT
To exercise the right of withdrawal and in accordance with Article L.221-21 of the Consumer Code, the customer must notify their decision to withdraw by means of an unambiguous declaration (e.g., letter sent by post, fax, or email) to: Maison Chaperon, 3 rue de Bellevue, 21000 Dijon, France or bonjour@maisonchaperon.fr.
Alternatively, the customer may use the form below:

WITHDRAWAL FORM

To: Maison CHAPERON

Seller’s phone number: +33(0)7.45.29.02.08
Seller’s email address: bonjour@maisonchaperon.fr

I hereby notify you of my withdrawal from the contract for the sale of the product below:
Product reference:
Invoice number:
Order number:

  • Ordered on [] / Received on []

  • Payment method used:

  • Customer’s name and, where applicable, the recipient of the order:

  • Customer’s address:

  • Delivery address:

  • Signature of the customer (except in the case of email transmission)

  • Date

For the withdrawal period to be respected, the customer must send their communication regarding the exercise of the withdrawal right before the expiry of the withdrawal period.

EFFECTS OF WITHDRAWAL
In the event of withdrawal by the customer, the Seller commits to refunding all sums paid, including delivery costs (except for any additional costs arising, where applicable, from the customer’s choice of a delivery method other than the standard delivery method proposed by the Seller), without undue delay and, in any case, no later than fourteen (14) days from the day the Seller receives the returned product (Article L.221-24 of the Consumer Code).
The Seller will refund the payment using the same payment method the customer used for the initial transaction unless the customer expressly agrees to a different method. In any case, this refund will incur no cost to the customer.
The Seller is not obligated to reimburse additional shipping costs if the customer has expressly chosen a more expensive delivery method than the standard delivery method proposed by the Seller.
The Seller may delay the refund until receipt of the product or until the customer provides proof of shipment of the product, with the earliest date being taken into account.

RETURN PROCEDURES
The customer must return the product, without undue delay and in any case, no later than fourteen (14) days after communicating their decision to withdraw from this contract, to: Maison Chaperon, 3 rue de Bellevue, 21000 Dijon, France. This period is considered respected if the customer sends the product back before the expiration of the fourteen (14) day period.

RETURN SHIPPING COSTS
The customer will bear the direct costs of returning the product. If the weight of the product prevents the customer from returning it by post, the customer will bear the direct costs of returning the product.

CONDITION OF THE RETURNED PRODUCT
The product must be returned following the Seller’s instructions and must include all accessories provided. The customer’s liability will only be engaged if the product is depreciated due to handling that goes beyond what is necessary to establish the nature, characteristics, and proper functioning of the product. In other words, the customer is allowed to test the product, but their liability may be engaged if they engage in actions beyond what is necessary.

EXCLUSIONS FROM THE RIGHT OF WITHDRAWAL
The right of withdrawal is excluded in the following cases:

  • Provision of goods or services whose price depends on market fluctuations outside the Seller’s control.
  • Provision of goods made according to the customer’s specifications or clearly personalized.
  • Provision of goods that are liable to deteriorate or expire rapidly.
  • Provision of sealed audio or video recordings or software that has been unsealed after delivery.
  • Newspapers, periodicals, or magazines (except for subscription contracts).
  • Provision of accommodation services other than residential purposes, transportation of goods, car rental, catering services, or services related to leisure activities where the offer specifies a date or period of execution.
  • Provision of goods that by their nature are inseparably mixed with other items.
  • Provision of sealed goods that cannot be returned for health or hygiene reasons and have been unsealed by the customer after delivery.
  • Provision of alcoholic beverages whose price was agreed upon at the time of concluding the sale contract, the delivery of which can only take place after 30 days and whose actual value depends on market fluctuations outside the Seller’s control.
  • Provision of digital content not supplied in a physical format if execution has started with the express prior consent of the consumer, who also acknowledges that they will lose their right of withdrawal.
  • Contracts concluded during a public auction.

ANNEX 2: DELIVERY POLICY

SHIPPING TIME
An automatic email will be sent to the customer upon dispatch of the products, provided the email address provided in the registration form is correct.

DELIVERY TIMES & COSTS
During the ordering process, the Seller informs the customer of the available shipping times and methods for the purchased products. The shipping costs are calculated based on the chosen delivery method. These costs are payable by the customer in addition to the price of the purchased products.

DELIVERY METHODS
The package will be delivered to the customer against signature and presentation of an ID card. In case of absence, a delivery notice will be left for the customer to pick up their package from the post office.

DELIVERY ISSUES
The customer is informed of the fixed delivery date at the end of the online ordering process, before confirming the order. It is specified that delivery times may vary greatly depending on the regions. The customer is informed of these variations before each sale.
The Seller will refund the full amount paid for the products, taxes, and shipping costs included, without undue delay from the receipt of the cancellation letter, using the same payment method the customer used to purchase the products.
The Seller is responsible for the product until it is delivered to the customer. The customer is reminded that they have a period of three (3) days to notify the carrier of any damage or partial losses observed during delivery.