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General terms of sale on the Internet
Any online purchase completed at www.maje.com is subject to prior acknowledgement and acceptance of these general terms of sale.
The guide for making purchases at www.maje.com can be accessed here.
The legal notice can be accessed here.
• Item: Products of any kind offered for sale (ecommerce service) on the Site
• Customer: a non-business individual placing the Order and holding full legal capacity.
• Order: commitment to purchase all the Items selected by the Customer via the ecommerce service of the Site.
• Site: website produced by MAJE and accessible at www.maje.com
These general terms of sale (hereinafter "TOS") exclusively apply between the Customer and Maje S.A.S with head offices located at 24 rue du Mail 75002 Paris registered in the Trade and Companies Register of Paris under the number 382 544 310 (hereinafter "MAJE").
Any user may access the TOS from any page of the Site.
The TOS are applicable without restriction or reserve to all the Items offered for sale on the Site.
Any Order on the Site is conditional upon the prior consultation and acceptance, without reserve, of these TOS and applicable tariffs by the Customer.
The validation of an Order following the order procedure offered on the site requires acceptance of these TOS.
These TOS shall take precedence over any other document.
The sale of Items on the Site is exclusively reserved to retail sales and sales to private individuals.
In no case may the Site be used by professional retail Customers, alone or together, and regardless of the method of marketing their products (on the internet, in shopping malls, intermediaries, and including physical stores). The Customer acknowledges and agrees therefore that the items can only be purchased in quantities reflecting average consumer needs, both in terms of the number of items ordered in one order and the number of individual Orders respecting the usual amount an average consumer places for the same product. MAJE reserves the right to refuse to fulfill an order clearly validated by a professional retail Customer.
All Customers are informed of the lack of reliability of the Internet, especially in terms of relative security in data transmission, continuity in unsecured access to the Site, non-guaranteed performance in terms of the volume and speed of data transmission and virus propagation.
MAJE warns each Customer of the need to implement on his/her computer, portable or mobile solution any security measures likely to prevent the spread of viruses.
As the TOS are the subject of modifications, the applicable conditions are those in effect on the Site on the day the order is placed.
Handling of a defective or non-compliant item (replacement or refund) or the exercise of a right to cancel and return an order cannot be carried out in physical MAJE stores.
All claims concerning the Items purchased online on the Site must be handled online.
Likewise, an Item purchased in any MAJE store cannot be processed via the Site.
4. CREATION OF A CUSTOMER ACCOUNT
Placing an Order via the Site requires the prior creation of a customer account.
Any adult Customer may freely and at no charge create a customer account through the "Create an account" section.
Creation of a customer account is completed by the Customer by filling out the form requesting identification information.
This account is strictly personal and enables an individual to log in before placing an Order.
When creating the customer account, the customer enters data that allows his/her identification under his/her full responsibility, control and direction and is committed to providing complete, accurate and timely information, and not to assume the identity of a third party, nor hide or change his/her age.
During the creation of a Customer Account, the Customer chooses his/her username and password.
If the username chosen is already assigned, the system prompts a message to choose another.
Usernames and passwords are personal and confidential. The Customer is solely responsible for them.
The Customer undertakes to keep his/her password secret and to not disclose it under any context and for any reason whatsoever.
If it is suspected that a username and password has been used by a third party, the Customer must immediately alert MAJE to change his/her password and/or choose to close his/her account.
MAJE reserves the possibility to close any customer account and refuse any sale to a Customer in the following cases:
• lack of payment for one or several past Orders,
• abuse, unfair or fraudulent use of the Order service provided on the Site or failure to respect any of the Customer's obligations set out in the TOS.
In this case, MAJE will send an email to the Customer concerned, via the address communicated by the latter during the creation of his/her customer account, informing the deactivation of his/her username and password and the closing of the account.
Generally speaking, the Customer is informed of the fact that his/her account may be closed following the first request of the Customer issued by email to MAJE.
5. ITEM CHARACTERISTICS
The Items available for sale are those appearing on the Site. The offers are valid as long as they are visible on the Site.
They are offered so long as their availability is displayed on the Site.
MAJE reserves the right to remove from sale, at any time, any Item present on the Site and/or replace or modify any information associated with the Items appearing on this Site.
In the event of an Item's unavailability after placing an Order, the Customer is notified by email and the Order is automatically cancelled.
The Items for sale on the site are only available for delivery in Belgium.
The characteristics of Items sold on the Site (photographs, graphics and descriptions of items, etc.) are purely indicative and may vary over time. They are not contractual.
Only the image of the Item shown at the time of the Order may be taken into consideration by the Customer.
In the event of errors or omissions related to the description of an Item, the responsibility of MAJE is limited to the reimbursement of reasonable return shipping fees for the Item exposed by the Customer.
6. ORDERING ITEMS
Placing an Order requires the registration of the Customer or the logging in of the Customer into the Customer Account.
The Customer declares being at least 18 years old and having full legal capacity or if he/she is a minor, guarantees having parental permission to place his/her Order.
To place an Order, the Customer must follow the online purchase process (fr.maje.com/fr/aide-et-faq/faqs.html) and click on "Order" to submit an Order.
The payment of the Order requires the acceptance of these TOS, the price of the Items and the content of the Order.
After validation of payment, MAJE sends an order confirmation email to the Customer.
Every Order is subject to the prior acceptance of MAJE and is not definitively confirmed until after receipt by the Customer of an email confirming the shipping of the Item(s).
If the Customer does not receive an email following his/her Order, he/she must contact MAJE customer service by email via the contact form located on the contact page of the website.
MAJE cannot in any case be held responsible in the event of an input error or transmission of an input error not allowing the issuance of the confirmation email and/or Items.
It is recommended that the Customer print the Order confirmation email.
For any question regarding the tracking of the Order, the Customer must contact customer service by filling out the contact form located on the contact page of the website.
7. PRICES OF ITEMS
The prices are indicated on the Website in euros, all taxes included, not including the processing and shipping fees.
They include VAT and potential discounts applicable on the day of the Order.
Any new taxes or contributions, notably environmental, may be added to the retail price of the Items.
The prices of the products do not include delivery costs (transport, packaging and handling of packages according to the amounts in effect).
The shipping costs are specified on the Site before validation of the Order.
MAJE reserves the right to modify the prices of Items at any time, the Items being invoiced based on the rates in effect at the time of the validation of each Order.
The price of the Items invoiced is therefore that indicated during the Order.
THE ITEMS REMAIN THE FULL PROPERTY OF MAJE UNTIL COMPLETE PAYMENT OF THE PRICE, WHICH THE CUSTOMER RECOGNISES AND ACCEPTS.
8. PAYMENT OF THE ORDER
The price invoiced to the Customer is the price indicated in the Order confirmation sent to the Customer by email.
The Order is payable immediately, by bank card (CB, Visa, MasterCard, American Express).
The Customer is informed by email, once the Order is shipped, that the invoice including shipping fees and applicable VAT is accessible online on the customer account.
The transactions carried out on the Site are entrusted to OGONE, the secure online payment platform.
They are secured by a solution that presents highly secured pages to enter payment information: card number, expiration date and the visual cryptogram.
This platform encrypts then transmits this payment information to the bank, in full confidentiality and makes them inaccessible to third parties.
9. PAYMENT CONDITIONS
The Items are delivered only in Belgium.
The Customer will see several delivery options chosen by the Customer and at the expense of the Customer.
With the shipping number, the Customer may track his/her package on the website of the carrier chosen by the Customer.
The Customer will receive an email with an Order number confirming its processing. The Customer will be informed of the different stages of his/her Order by email.
The Items ordered will be delivered within a maximum of 30 days the registration of the Order, under the condition of complete payment of the price.
The Customer is informed that he/she must exactly provide all the information necessary for the proper filling of his/her Order and seamless delivery (access code, specification of access by example).
If the Customer is not home at the time of delivery, a note is left informing the Customer of how the package will be retained and made available, under the complete and exclusive responsibility of the carrier.
Deliveries are announced by email to the Customer, to the email address provided by the latter in his/her customer account.
A delivery slip is included in the package, summarising the Items ordered and effectively delivered.
If the delivery address provided by the Customer is not valid and causes a return of the package due to non-receipt at the indicated address, the return shipping fees of the package to the new address communicated will be covered by the Customer.
The Customer fully and exclusively assumes the risks related to the Items as of their delivery.
10. DELIVERY LEAD TIMES
The items are delivered to the delivery address indicated by the Customer in the Order at the latest on the date indicated during the Order and according to the country of delivery.
In metropolitan France, MAJE puts forth its best efforts to issue the Order within a maximum lead time of 30 days and undertakes that this delivery will be carried out within 3 (three) business days as of the Order.
In the event of a delay in delivery exceeding 7 business days in relation to the maximum lead time above, the Customer may contact MAJE by email to request cancellation of his/her Order within 60 business days.
The contract and therefore the sale will be considered breached upon receipt by MAJE of the email or letter in which the Customer informs his/her decision, unless the delivery takes place between the shipping and receipt of the email or letter from the Customer.
In the event that the Order would be permanently cancelled, the Customer will be refunded the price paid for his/her order within 30 days of the cancellation confirmed by e-mail.
In the event that the Customer receives the package after the cancellation of his/her Order, MAJE will refund the items and return shipping costs, upon receipt of all of them in their perfect original condition.
Each delivery is deemed completed upon provision of the package to the Customer, by the carrier, evidenced by the control system used by the carrier.
If the package is damaged or if the Item does not match the Order, the Customer must contact customer service by filling out the contact form located on the contact page of the website. The return will be within 30 days of shipping, following the procedure described in the Article "Returns - My item has a quality defect", accessible here.
In case of delivery by a carrier that requires making an appointment with the Customer, the carrier shall contact the Customer as soon as possible to arrange an appointment for delivery, at the latest 30 days from the date of validation of the order.
MAJE cannot be responsible for late delivery due exclusively to the unavailability of the Customer after several proposals for appointment by the carrier.
If in the course of the same Order, the delivery dates of several Items differ, the delivery time is based on the latest date of the order date.
If delivery of an Item does not match the Customer's Order or has a transport-related defect, the Customer may return an Item following the procedure set out below and accessible on the Site.
The refund procedure is exclusive of any exchange, and, save for the Customer the time and manner of exchange procedures may present a major disadvantage for the latter.
In order to be able to return an item and receive a reimbursement:
• Customers must, within a maximum period of 30 calendar days after their Order is dispatched.
• Any claim filed after this deadline will not be accepted and MAJE will be released from any liability,
• Customers must post their non-compliant Item(s) within a maximum period of 14 calendar days, in the Items' original packaging and in the form of a parcel.
Any non-compliant return shall be rejected and MAJE will be released from any liability.
12. RIGHT TO CANCEL AND RETURN AN ORDER
In accordance with national and European consumer protection laws, the Customer has a period of 14 days from receipt of the Order to exercise his/her right to cancel and return an order without having to give any reasons or incurring penalties.
All returns must include all the Items of the Order with which the Customer was not satisfied.
These items must be returned properly protected in their original packaging (a carefully opened package will not be considered damaged packaging) and in a resalable condition (undamaged, unused and unsoiled by the Customer).
Once the return is validated, MAJE will reimburse the Customer the full amount paid for the Order, excluding shipping costs, to the Customer's bank account used for payment of items, as soon as possible and no later than thirty days after the date on which this right has been exercised.
In terms of the right to retraction, the risks related to the return are the responsibility of the Customer.
13. CUSTOMER SERVICES
For any information or question, to follow orders, to exercise the right to cancel and return an order or to obtain warranty service, the Customer must contact our customer service by email via the contact form located on the contact page.
Items are guaranteed against compliance defects and latent defects in accordance with Articles 1641 to 1649 of the Civil Code and L 211-1 et seq. of the Consumer Code, as of delivery:
Article 1641 of the Civil Code: the seller is obliged to provide a warranty against hidden defects of the thing sold which render it unfit for the use for which it was intended, or that decrease this use so that the buyer would have not purchased it, or would have paid a lower price if he/she had known.
- Article 1648, paragraph 1 of the Civil Code: the action resulting from latent defects must be filed by the purchaser within two years after discovery of the defect.
- Article L. 211-4 of the Consumer Code: the seller must deliver goods in compliance with the contract and liable for compliance defects existing at the time of delivery. It also addresses lack of compliance resulting from the packaging, instructions for assembly or installation when it was assigned this by the contract or carried out under its responsibility.
- Article L. 211-5 of the Consumer Code: to comply with the contract, the item must:
1 / Be suitable for the purpose usually expected of a similar item, and where appropriate:
- correspond to the description given by the seller and possess the qualities that it has presented to the buyer as a sample or model;
- feature the qualities that a buyer might reasonably expect given the public statements made by the seller, the manufacturer or its representative, particularly in advertising or labelling;
2/ Or have the characteristics defined by mutual agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and the latter accepted.
- Article L 211-12 of the Consumer Code: the action resulting from lack of compliance is recorded within two years after delivery of the goods.
This guarantee allows the Customer to return the defective or non-compliant item delivered for a refund under the aforementioned conditions.
15. AGREEMENT UPON PROOF
The Customer recognises and accepts that the Order recording systems document all the transactions made between Maje and the Customer.
The Customer recognises and accepts that the proof of acceptance of the TOS is characterised by checking the box "I have read and accept the general terms of Sale".
For this purpose, the Customer acknowledges and agrees that the electronic data stored in MAJE computer servers in reasonable conditions of security and integrity are considered, irrefutably, as evidence of acceptance of the terms of the TOS and the proof of all transactions between the Customer and MAJE.
MAJE will save the Purchase orders and invoices on a reliable and durable medium, pursuant to the provisions of Article 1348 of the Civil Code and guaranteeing access to the Customer at any time if they so request it in accordance with the provisions of Article L. 134-2 of the Consumer Code.
Consequently, unless a clear error on the part of MAJE is proven by the Customer, the latter cannot challenge the admissibility, validity or probative value of the TOS and the content of the Order, based on any of the legal provisions that exist and that specify that certain documents must be written or signed to constitute proof.
Thus, these elements constitute proof and, if they are produced as evidence by MAJE in any litigation or otherwise, shall be admissible, valid and opposable in the same manner, under the same conditions and with the same probative value as any document created, received or retained in writing.
At any time, the Customer can print, download and save a copy of the TOS to a paper or electronic medium.
MAJE reserves the right to modify the information contained in this Site at any time and without notice.
MAJE undertakes to describe with great accuracy the Items sold on the Site and to ensure under the best possible conditions the updating of the information that is disseminated.
However, MAJE cannot guarantee the accuracy, precision or comprehensiveness of the information made available to Customers on the Site.
In case of no substantial differences between the presentation photographs of Items on the Site, texts and illustrations and the items ordered, the responsibility of MAJE will not be committed.
The Customer acknowledges and agrees that the prices of Items may vary between stores and the Site, and in no case may this price difference serve as a base for a claim for a total or partial refund of Items purchased on the Site or in stores.
The responsibility of MAJE cannot be retained in the event that one of its contractual obligations is not fulfilled resulting from a fortuitous circumstance or force majeure as defined by case law rendered by French courts.
Notably, MAJE shall not be held responsible for any non-performance or delay in the execution of Orders, caused by events outside its control ("Case of Force Majeure").
A Case of Force Majeure includes any act, event, non-performance, omission or accident beyond the control of MAJE and particularly includes (but is not limited to):
1. strikes, closures or other industrial actions.
2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters.
4. Inability to use transportation by train, boat, plane, roads or other means of private or public transportation.
5. Inability to use public and private telecommunications networks.
6. Acts, decrees, legislation, regulations or restrictions of all governments.
7. Strike, failure or accidents of maritime, postal or other shipping transportation.
The execution of the TOS shall be suspended for as long as the Case of Force Majeure continues and the execution and delivery lead times shall be extended accordingly. MAJE will endeavour as far as possible to end the Force Majeure or to find a solution allowing it to fulfil its contractual obligations despite the Force Majeure.
MAJE is solely responsible for any damage that is direct and foreseeable at the time of use of the Site or the conclusion of the sales contract with the Customer, to the exclusion of all indirect damages.
MAJE grants a license that is limited to the access and use of the Site for personal and non-professional or commercial use of the Site to the Customer.
In no case is the Customer authorised to download or modify all or part of this Site without the written and express permission of MAJE.
This Site or any part of this Site cannot in any way be reproduced, copied, sold or exploited for commercial or professional reasons without the written and express permission of MAJE.
The Customer cannot use techniques allowing a trademark, logo or any other information (notably images, text, models) of which MAJE is the owner to be copied without its express and written consent.
MAJE authorises the Customer, non-exclusively and on a revocable basis, to create a hyperlink to the homepage of the Site provided that this link cannot create derogatory, untrue, false, infringing or possible harm against MAJE Products, any of its trademarks or MAJE itself.
In no case may the creation of the hyperlink incur the liability of MAJE in any capacity whatsoever.
18.PERSONAL DATA PROTECTION
Customers are hereby informed that their personal data may be collected on the Website and used by MAJE, which acts as data controller within the meaning of Law 78-17 of 6 January 1978 on Information, Files and Civil Liberties, amended on 20 January 2017 (hereinafter the “French Data Protection Act”).
MAJE undertakes to protect and ensure the security and confidentiality of its Customers’ personal data in accordance with the French Data Protection Act, including by taking all appropriate measures to prevent these data from being distorted, damaged or accessed by unauthorised third parties.
In particular, Customers’ personal data may be sent to service providers and contractual partners which, acting as subcontractors within the meaning of the French Data Protection Act, contribute directly to the management of Orders and for which it is absolutely necessary to access the personal data entered by Customers when creating and using their Accounts (identity, postal address, telephone number, email address). Subcontractors may act only under instruction from MAJE.
Customers’ personal data are collected for the following purposes:
• to manage Orders and relationships with Customers;
• to inform Customers about commercial offers and information relating to the brand;
• to reinforce and enhance communication from the Website and the brand by sending, for instance, newsletters and special offers depending on the preferences that Customers express on the Website;
• to improve and personalise the services offered to Customers; and
• to comply with legal and regulatory obligations.
Customers’ personal data are retained only for the period strictly necessary for the aforementioned purposes.
In accordance with the French Data Protection Act, Customers have the right to access, correct and object to the use of their personal data (hereinafter “Data Protection Rights”).
To exercise one or more Data Protection Rights, Customers should send a request by email or post to the Customer Services department of MAJE, by filling in the contact form on the Website or by writing to the following address and stating their full name, email address and customer reference details: MAJE Service client, 16 rue du mail, 75002 Paris, and stating their full name, email address and customer reference details.
All requests must be signed and accompanied by a photocopy of an ID document bearing the Customer’s signature, and include the return address.
Requests made on the basis of one or more Data Protection Rights will be replied to no later than 2 months after receiving the requests.
Customers may give MAJE specific guidance in which they explain how they would like to exercise their Data Protection Rights under the French Protection Act after their death.
19. COMMERCIAL OFFERS AND NEWSLETTERS
MAJE may send commercial offers to Customers by post, email, sms, telephone or via any web spaces run by MAJE or any of its subsidiaries on social networks, subject to prior acceptance.
At any time, the Customer has the ability to cancel these commercial notifications, without cost, by clicking on the unsubscribe link, appearing in each email.
When visiting the site, information pertaining to the Customers' browsing may be recorded in "Cookies" installed on their terminal (computer, tablet, Smartphone).
These cookies are issued by MAJE in order to facilitate browsing on the Site and allow recognition of Customer browsers when they are connected to the Site.
These cookies are issued in order to:
- establish visitor statistics (number of visits, pages viewed, cancellation of the order process, etc.)
- adapt the presentation of the Site to the display settings of terminals,
- memorise the information entered in forms, manage and secure access to reserved and personal spaces such as the Customer account and manage the Order basket.
- MAJE reserves the right to implant cookies on the Customer's computer when visiting the Site.
A cookie is a small file that is sent to the Customer's computer and stored on the hard drive. If the Customer is registered with MAJE, his/her computer will store an identification cookie that will save time each time he/she visits the MAJE site because it will remember the Customer's email address.
A cookie does not allow the identification of the Customer but the purpose is to note the prior visit of the Customer on the Site to help MAJE personalise its services.
The Customer may configure settings so that cookies are deactivated and avoid the installation of cookies without his/her express consent on his/her computer.
The Customer may express and modify at any time his/her wishes pertaining to cookies, by the methods described below.
The Site uses computer applications from third parties that allow the Customer to share the content of the Site with other people or to make known to other individuals his/her opinion of the content of the Site. (Social networks such as Facebook, "Google+", "Twitter", etc.).
When the Customer visits a page of the Site containing a "Share" or "Like" button, the browser establishes a direct connection with the servers of the concerned social network.
If he/she is connected to the social network during browsing, the application buttons allow to connect the pages visited to his/her account.
If he/she interacts via plug-ins, for example by clicking on the "Like" button; or in leaving a comment, the corresponding information will be transmitted to the social network concerned and published on his/her account.
If the Customer would not like social networks to connect the information collected through the Site to his/her account, he/she must logout of the concerned social network before visiting the Site.
MAJE is in no way responsible for the content or operation of any of the social networks, including those which may be connected to the Site.
21. INTELLECTUAL PROPERTY
MAJE is the exclusive holder of the intellectual property rights:
• over the Items sold on the Site,
• over the trademarks associated with the Items,
• over the Site, and notably on its layout, organisation and titling of categories, the visual and graphic identity, its design, its ergonomics, its features, its software, text, animated or fixed images, sounds, know-how, drawings, graphics and any other element making up the Site,
• over the databases, their structure and their content, designed and managed by MAJE, for the editing needs of the Site,
• over all the design elements of the Site whether graphic or technical,
• over all the names, acronyms, logos, colours, graphics or other signs that may be used, completed or implemented by MAJE.
It is therefore forbidden to reproduce in any form whatsoever, directly or indirectly, the items listed in the preceding paragraph, as well as alter the trademarks, patents, names, acronyms, logos, colours, graphics or other signs appearing on the elements provided within the Site, and more generally to use or exploit these elements other than in connection with the execution hereof.
As such, the reproduction or use of all or part of these elements is only authorised for the purposes of information for personal and private use, any reproduction and any use of copies made for other purposes is expressly prohibited.
Any other use, without the prior and written permission of MAJE constitutes infringement and shall be punished according to intellectual property regulations.
Any hyperlink to the homepage of the Site, or any other page of the Site, is subject to the prior and written agreement of MAJE.
22. MODIFICATION OF THE TOS
Given the possible changes of the Site and regulations, MAJE reserves the right to change the TOS at any time.
The new TOS will be, as appropriate, made known to the Customer by online modification and will be applicable only to sales completed after the modification.
22. APPLICABLE LAW
These TOS are subject to French law.
Any dispute will fall under the exclusive competence of the French courts within the jurisdiction of the Customer's domicile, if no amicable agreement is reached between the Customer and MAJE.