General Conditions of Sale

General Conditions of Sale

Preamble

These general conditions of sale apply to all sales concluded on the Mon Univers Bébé website.

The macuisineboutique.com website is a service of

Owner status: sole proprietorship

The Owner is: Houyam El Bannay

Owner's postal address: 123 rue du domaine martin st-colomban QC J5K 1J5 Canada

The creator of the site is: Houyam El Bannay

The person responsible for the publication is: Houyam El Bannay

Contact the publication manager: Houyam El Bannay The publication manager is a natural person.

 

The Webmaster is: Houyam El Bannay

Contact the Webmaster: Houyam El Bannay

The site is hosted by: Shopify Inc., 126 York St., Ottawa, Ontario, K1N 5T5, Canada.

Website URL: macuisineboutique.com

Email: contact@macuisineboutique.com 

The macuisineboutique.com website sells the following new products:

coffee machine, coffee grinder, juice extractor, blender...

The customer declares to have read and accepted the general conditions of sale prior to placing their order. Validation of the order therefore constitutes acceptance of the general conditions of sale.

Article 1 - Principles

These general conditions express the entirety of the parties' obligations. In this sense, the buyer is deemed to accept them without reservation.

These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

They are accessible on the Ma Cuisine Cuisine website and will prevail, where applicable, over any other version or any other contradictory document.

The seller and buyer agree that these terms and conditions govern their relationship exclusively. The seller reserves the right to modify these terms and conditions from time to time. They will be applicable as soon as they are posted online.

If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector for companies with their headquarters in France.

These general conditions of sale are valid until March 31, 2040.

Article 2 - Content

The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the Ma Cuisine Boutique website.

These conditions only apply to purchases made on the Ma Cuisine Boutique website and delivered exclusively to Canada. For any delivery abroad, please send a message to the following email address: contact@macuisineboutique.com .

These purchases concern the products displayed on the Ma Cuisine Boutique website

Article 3 - Pre-contractual information

The buyer acknowledges having received, prior to placing his order and concluding the contract, in a legible and comprehensible manner, these general terms and conditions of sale and all the information listed in article L. 221-5 of the Consumer Code.

The following information is transmitted to the buyer in a clear and comprehensible manner:

  • the essential characteristics of the property;

  • the price of the good and/or the method of calculating the price;

  • any additional transportation, delivery or other costs;

  • in the absence of immediate execution of the contract, the date or period by which the seller undertakes to deliver the goods;

  • information relating to the identity of the seller, their postal, telephone and electronic contact details, and their activities.

Article 4 - The order

The buyer has the option of placing his order online, from the online catalog and using the form provided there, for any product, within the limits of available stocks.

For the order to be validated, the buyer must accept these general conditions, choose the address and delivery method, and validate the payment method.

The sale will be considered final after sending an email confirmation and receipt of payment.

Article 5 - Electronic signature

Final validation of the order will constitute proof of the buyer's agreement:

  • due date of the amounts due under the purchase order;

  • signature and express acceptance of all operations carried out.

In the event of fraudulent use of the bank card, the buyer is invited to contact the seller at the following address: contact@macuisineboutique.com .

Article 6 - Order confirmation

The seller provides the buyer with an order confirmation by email.

Article 7 - Proof of the transaction

The seller's computerized records are considered as proof of communications, orders and payments between the parties.

Article 8 - Product Information

The products governed by these general conditions are those which appear on the Ma Cuisine Boutique website . They are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable.

Product photographs are not contractually binding.

Article 9 - Prices

The seller reserves the right to modify its prices at any time but undertakes to apply the current rates indicated at the time of the order.

Prices are quoted in euros and do not include delivery charges, which are charged extra. Prices include the VAT applicable on the day the order is placed. Any changes to the applicable VAT rate will be automatically reflected in the product prices.

If one or more taxes or contributions are created or modified, this change may be reflected in the sale price of the products.

Article 10 - Method of payment

Any order placed on Ma Cuisine Boutique implies an obligation of payment by the buyer.

To pay for their order, the buyer can use one of the payment methods available and listed on the Ma Cuisine Boutique website. They guarantee that they have the necessary authorizations to use the selected payment method.

The seller reserves the right to suspend or cancel any order in the event of refusal of payment by banking organizations or in the event of a dispute with the buyer concerning a previous payment.

Payment of the price is made in full at the time of ordering, according to the following terms:

  • Bank card (Visa, Mastercard, etc.)

  • PayPal

Article 11 - Availability of products - Reimbursement - Resolution

Shipping times for products sold on Ma Cuisine Boutique are 7 to 15 business days for mainland France and Corsica, depending on the delivery method chosen. At the latest, delivery will occur within 30 business days after order confirmation.

If the agreed delivery time is not met, the buyer may demand that the order be fulfilled within a reasonable timeframe. If this new deadline is not met, the buyer may cancel the order and receive a refund within 30 days.

Article 12 - Delivery terms

Products are delivered by our suppliers directly to the address provided by the buyer when ordering. It is the buyer's responsibility to ensure that this address is correct.

If the buyer is absent at the time of delivery, a calling card will be left so that they can collect their package from a collection point or arrange a new delivery.

Upon receipt of the package, the buyer must check the condition of the packaging and products. In the event of any anomalies (open package, damaged product), the buyer must refuse delivery and immediately report the problem to the carrier.

Any product return must be made in its original condition (packaging, accessories, instructions) after validation by Ma Cuisine Boutique .

Article 13 - Delivery errors

In the event of a delivery error or non-conformity of the product, the buyer must make a complaint within 24 hours of receipt of the order, via:

A return number will then be assigned and communicated to the buyer. No returns will be accepted without a return number.

Products must be returned in perfect condition, in their original packaging, and by tracked shipping method. Return shipping costs are the responsibility of the seller in the event of a delivery error.

Article 14 - Product warranty

14.1 Legal guarantee of conformity

The seller guarantees that the products sold comply with the legal provisions in force. In the event of a defective or non-compliant product, the buyer has a period of 2 years from delivery to request the repair or replacement of the product.

14.2 Legal guarantee of hidden defects

In accordance with Articles 1641 et seq. of the French Civil Code, the buyer benefits from a warranty against hidden defects that render the product unfit for its intended use. This warranty applies within 2 years from the discovery of the defect.

In the event of a proven hidden defect, the buyer can request either a full refund of the product or a reduction in the price.

For any warranty request, the buyer can contact Ma Cuisine Boutique customer service at contact@macuisineboutique.com .

Article 15 - Right of withdrawal

Application of the right of withdrawal

In accordance with the provisions of the Consumer Code, the buyer has 14 days from the date of delivery of their order to return any item that does not suit them and request an exchange or refund without penalty, with the exception of return costs which remain the responsibility of the customer.

In accordance with the right of withdrawal indicated here: https://www.service-public.fr/particuliers/vosdroits/F10485 , certain products are not eligible for the right of withdrawal for reasons of hygiene and health protection.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold as new, accompanied by the purchase invoice. Damaged, soiled, or incomplete products will not be accepted.

The right of withdrawal can be exercised online using the withdrawal form available on our website. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other declaration of withdrawal is accepted, provided that it is unambiguous and clearly expresses the desire to withdraw.

If the right of withdrawal is exercised within the specified period, the price of the product(s) as well as the delivery costs will be refunded. Return costs remain the responsibility of the customer.

The exchange (subject to availability) or refund will be made within 7 days, and at the latest within 14 days following receipt of the products returned by the buyer.

Exceptions

According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:

  • Supply of goods made to the consumer's specifications or clearly personalized;

  • Supply of goods liable to deteriorate or expire rapidly;

  • Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

  • Supply of goods inseparably mixed with other products after delivery.

Article 16 - Force majeure

Any circumstances beyond the control of the parties preventing the normal performance of their obligations are considered cases of force majeure and result in the suspension of obligations.

The following are considered cases of force majeure: natural disasters, fires, interruptions to telecommunications networks, strikes, or any other unforeseeable and irresistible event.

If the force majeure event continues beyond three months, the injured party may terminate the contract.

Article 17 - Intellectual property

The content of the Ma Cuisine Boutique website is protected by intellectual property laws and remains the exclusive property of Ma Cuisine Boutique . Any reproduction, even partial, is strictly prohibited without prior authorization.

Article 18 - Personal data

The personal information collected is necessary for order processing. It may be shared with partners involved in the purchasing and delivery process.

In accordance with current regulations, the buyer has the right to access, rectify and oppose their personal data by contacting us using the contact details provided on our website.

Article 19 - Partial non-validation

If any clause of these T&Cs is deemed invalid or unenforceable, the other clauses shall remain in force.

Article 20 - Non-waiver

The fact that one of the parties does not avail itself of a breach by the other party cannot be interpreted as a waiver of the right to avail itself of this breach at a later date.

Article 21 - Titles

Section headings are included for convenience and do not affect the interpretation of the clauses.

Article 22 - Language of the contract

These general terms and conditions are written in French. In the event of translation, only the French version shall prevail in the event of a dispute.

Article 23 - Mediation and dispute resolution

In the event of a dispute, the buyer may resort to conventional mediation or any other method of amicable dispute resolution.

In accordance with Article 14 of Regulation (EU) No 524/2013, an online dispute resolution platform is accessible here: https://webgate.ec.europa.eu/odr/ .

Article 24 - Applicable law

These general conditions are subject to French law. In the event of a dispute, the competent court will be that of the jurisdiction of the registered office of Ma Cuisine Boutique , unless otherwise provided in the Consumer Code.

Article 25 - Protection of personal data

Data collected

The personal data collected on this site are as follows:

  • Account opening : when creating the user's account, their first name, last name, email address, telephone number and postal address are collected.

  • Connection : when the user connects to the website, the latter records in particular their first name, last name, connection data, usage data, location data and payment data.

  • Profile : using the services provided on the website allows you to complete a profile, which may include an address and a telephone number.

  • Payment : As part of the payment for products and services offered on the website, the website records financial data relating to the user's bank account or credit card.

  • Communication : When the website is used to communicate with other members, data concerning the user's communications is temporarily stored.

  • Cookies : Cookies are used in connection with the use of the site. The user has the option to disable cookies from their browser settings.

Use of personal data

The personal data collected from users is intended to provide the website's services, improve them, and maintain a secure environment. More specifically, the uses are as follows:

  • Access and use of the website by the user;

  • Management of the operation and optimization of the website;

  • Organization of the conditions of use of payment services;

  • Verification, identification and authentication of data transmitted by the user;

  • Offering the user the possibility of communicating with other users of the website;

  • Implementation of user support;

  • Personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;

  • Prevention and detection of fraud, malware (malicious software) and management of security incidents;

  • Management of any disputes with users;

  • Sending commercial and advertising information, based on user preferences.

Sharing personal data with third parties

Personal data may be shared with third-party companies in the following cases:

  • When the user uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has entered into contracts;

  • When the user publishes, in the free comment areas of the website, information accessible to the public;

  • When the user authorizes a third party website to access his data;

  • When the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;

  • If required by law, the Website may carry out the transmission of data to respond to claims made against the Website and to comply with administrative and judicial procedures;

  • If the website is involved in a merger, acquisition, asset sale, or bankruptcy proceeding, it may transfer or share some or all of its assets, including personal data. In such cases, users would be notified before personal data is transferred to a third party.

Security and Privacy

The website implements organizational, technical, software, and physical digital security measures to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the internet is not a completely secure environment, and the website cannot guarantee the security of the transmission or storage of information over the internet.

Implementation of user rights

In accordance with the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: contact@macuisineboutique.com .

  • Right of access : Users may exercise their right of access to their personal data. In this case, before exercising this right, the website may request proof of the user's identity in order to verify its accuracy.

  • The right to rectification : if the personal data held by the website is inaccurate, they can request that the information be updated.

  • The right to erasure of data : Users may request the erasure of their personal data, in accordance with applicable data protection laws.

  • The right to restriction of processing : users can request the website to restrict the processing of personal data in accordance with the assumptions provided for by the GDPR.

  • The right to object to data processing : users can object to their data being processed in accordance with the assumptions provided for by the GDPR.

  • The right to portability : they can request that the website provide them with the personal data provided in order to transmit it to a new website.

Evolution of this clause

The website reserves the right to make any changes to this personal data protection clause at any time. If a change is made to this clause, the website undertakes to publish the new version on its website. The website will also inform users of the change by email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, they have the option to delete their account.

Withdrawal form

(to be completed by the consumer and sent by registered letter with acknowledgment of receipt within a maximum of 14 days following receipt of the product)

To the attention of: Ma Cuisine Boutique Address: 123 rue du Domaine-Maetin St-Colomban QC J5K 1J5 Canada: [ contact@nacuisineboutique.com ]

I hereby notify you of my withdrawal from the contract relating to the following order:

  • Order number: .................................................

  • Order date: .................................................

  • Product(s) concerned: .................................................

Consumer contact details:

  • First and last name : .................................................

  • Address : .................................................

  • Postal code: ........................... City: .............................................

  • Email: ..................................................

  • Phone : .................................................

Date : .................................................

Consumer signature (only in case of notification by paper mail):

..................................................

Appendix: Extracts from the Consumer Code

Article L. 221-18 : "The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded remotely, without having to justify his decision or bear any costs other than those provided for in Articles L. 221-23 to L. 221-25."

Article L. 221-23 : "The consumer returns or restores the goods to the professional, without undue delay and, at the latest, within fourteen days following the communication of his decision to withdraw."

Article L. 221-24 : "The professional reimburses all payments received from the consumer, including delivery costs, no later than fourteen days from the day on which he is informed of the decision to withdraw."

(These articles are provided for informational purposes. It is recommended that you consult the current legislation for any updates.)