This translation is provided for information only; the French version alone is legally binding.
Terms and Conditions of Sale
Article 1. Purpose
These terms and conditions of sale apply to all sales concluded by the company La Maison d'Orient through the website www.terredecologis.fr. The acquisition of a product through this website implies unreserved acceptance by the buyer of these conditions of sale, which the buyer acknowledges having read prior to placing their order. Before any transaction, the buyer declares, on the one hand, that the purchase of products on the website www.terredecologis.fr is not directly related to their professional activity and is limited to strictly personal use, and, on the other hand, that they have full legal capacity, enabling them to enter into a commitment under these terms and conditions of sale. The company La Maison d'Orient reserves the right to modify these conditions of sale at any time, in order to comply with any new regulations or with the aim of improving the use of its website. Consequently, the conditions applicable shall be those in force on the date of the buyer's order.
Article 2. Products
The products offered are those listed on the website www.terredecologis.fr of the company La Maison d'Orient, subject to available stock. The company La Maison d'Orient reserves the right to modify the product range at any time. The photographs are provided for illustrative purposes. We invite you to refer to the description of each product to find out its precise characteristics (contents, use, composition) and, if in doubt or if you would like further information, please do not hesitate to contact the company La Maison d'Orient either by email at the following address: [email protected] or by telephone on 09 84 470 139.
Article 3. Prices
The prices shown on the product pages of the online catalogue are prices in Euros (€) inclusive of all taxes (TTC), taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products. The company La Maison d'Orient reserves the right to modify its prices at any time, it being understood, however, that the price shown in the catalogue on the day of the order shall be the only one applicable to the buyer. The prices indicated do not include delivery charges, which are invoiced in addition to the price of the products purchased, depending on the total amount of the order and the place of delivery. Delivery to mainland France is free of charge for orders of 30€ TTC and over (shipping costs not included).
Article 4. Orders and payment methods
Before placing any order, the buyer must create an account on the website www.terredecologis.fr. The account creation section is accessible directly from the side menu bar. On each visit, the buyer, if they wish to place an order or consult their account (order status, profile, etc.), must log in using these details. The company Maison d'Orient offers the buyer the option of ordering and paying for their products in several steps, with 3 payment options to choose from:
- Payment by cheque: the buyer selects the products they wish to order in the "basket", modifies them if necessary (quantities, references, etc.), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer, along with the name of the carrier. Next, the buyer chooses the payment method of their choice: "Payment by cheque". Finally, the last step offers them the opportunity to check all the information, read and accept these terms and conditions of sale by ticking the corresponding box, and then invites them to confirm their order by clicking on the "Confirm my order" button. This final click constitutes the definitive conclusion of the contract. Once confirmed, the buyer receives an order form confirming that their order has been recorded. In order to finalise their payment and trigger the processing of their order, the buyer must print this order form and send it, together with their cheque made payable to "LA MAISON D'ORIENT SARL", to the following address: La maison d'Orient – 3 Avenue des Erables – 94440 Santeny. No cash payment should be sent. Only cheques issued by a French bank will be accepted. Upon receipt of the cheque, the order will be processed and the buyer will be informed by email. The company La Maison d'Orient will dispatch the products no earlier than 2 working days after the cheque corresponding to the order has been cleared, subject to sufficient funds.
- Payment by bank transfer: the buyer selects the products they wish to order in the “basket”, amends them if necessary (quantities, references, etc.), checks the delivery address or enters a new one. The delivery charges are then calculated and submitted to the buyer, together with the name of the carrier. The buyer then chooses their preferred method of payment: “Payment by bank transfer”. Finally, the last step invites them to check all the information, to read and accept these general terms and conditions of sale by ticking the corresponding box, and then invites them to confirm their order by clicking on the “Confirm my order” button. This final click forms the definitive conclusion of the contract. As soon as it is confirmed, the buyer receives an order form confirming that their order has been recorded. In order to finalise their payment and trigger the processing of their order, the buyer must contact their bank in order to make the transfer corresponding to the amount of their order to the bank account of La Maison d'Orient, the details of which are provided to the buyer. As soon as the transfer is received, the order will be processed and the buyer will be informed by e-mail. The company La Maison d'Orient will dispatch the products no earlier than 2 working days after receipt of the transfer corresponding to the order, subject to availability.
- Secure payment by Paypal or bank card (via the PAYBOX system): the buyer selects the products they wish to order in the “basket”, amends them if necessary (quantities, references, etc.), checks the delivery address or enters a new one. The delivery charges are then calculated and submitted to the buyer, together with the name of the carrier. The buyer then chooses their preferred method of payment: “Payment by Paypal”. The next step invites them to check all the information, to read and accept these general terms and conditions of sale by ticking the corresponding box, and then invites them to confirm their order by clicking on the “Confirm my order” button. Finally, the buyer is redirected to the secure PAYPAL interface in order to enter their Paypal account or personal bank card details in complete security. If the payment is accepted, the order is recorded and the contract is definitively formed. Payment by Paypal account or by bank card is irrevocable. In the event of fraudulent use of the card, the buyer may demand the cancellation of the card payment, and the sums paid will then be recredited or refunded. The holder of a bank card shall not be held liable if the disputed payment is proven to have been made fraudulently, remotely, without physical use of their card. In order to obtain reimbursement of the fraudulent debit and any bank charges that the transaction may have generated, the cardholder must dispute the debit in writing with their bank, within 70 days of the transaction, or even 120 days if the contract binding them to the bank so provides. The amounts debited are refunded by the bank within a maximum period of one month after receipt of the written dispute lodged by the cardholder. No charge for the refund of the sums may be borne by the cardholder.
Confirmation of an order entails acceptance of these terms and conditions of sale, acknowledgement of having full knowledge of them and waiver of the right to rely on one's own terms and conditions of purchase. All the data provided and the recorded confirmation shall constitute proof of the transaction. If the buyer has an e-mail address and has entered it on their order form, the company La Maison d'Orient will send them confirmation that their order has been recorded by e-mail. If the buyer wishes to contact the company La Maison d'Orient, they may do so either by email at the following address: [email protected] or by telephone on 09 84 470 139.
Article 5. Right of withdrawal
Under Article L221-18 of the French Consumer Code, the buyer has a period of fourteen working days from the delivery of their order to exercise their right of withdrawal. They have a period of fourteen days following communication of their decision to withdraw, in accordance with Article L. 221-21, to return the product to the seller for exchange or refund without penalty, with the exception of return costs (see the model standard withdrawal form below).
Article 6. Delivery
Deliveries are made to the address shown on the order form, which must be within the agreed geographical area. Orders are shipped by La Poste via COLISSIMO, a tracked delivery service with delivery without signature. Delivery times are given for information only; if they exceed thirty days from the date of the order, the contract of sale may be terminated and the buyer refunded. The company La Maison d'Orient may provide the buyer by e-mail with the tracking number for their parcel. The buyer is delivered to their home by their postman. If the buyer is absent, they will receive a delivery notice from their postman, enabling them to collect the products ordered from the nearest Post Office, within a period indicated by the postal services. The risks associated with transport are borne by the seller, in accordance with the provisions of article L.216-4 of the French Consumer Code, which provides for the transfer of ownership upon delivery. The buyer is required to check, in the presence of the La Poste representative or the delivery driver, the condition of the packaging of the goods and its contents upon delivery. In the event of damage during transport, any complaint must be made to the carrier within three days of delivery.
Article 7. Guarantee
All products supplied by the company La Maison d'Orient benefit from the legal guarantee provided for by articles 1641 et seq. of the French Civil Code.
The procedures for exercising the legal guarantee of conformity are set out in articles L.217-4 to L.217-13 of the French Consumer Code.
Thus, according to article L.217-4: The seller delivers goods in conformity with the contract and is liable for any defects of conformity existing at the time of delivery. They are also liable for defects of conformity resulting from the packaging, assembly instructions or installation where the latter was made their responsibility by the contract or was carried out under their responsibility.
According to article L.217-5: Goods are in conformity with the contract:
1° If they are fit for the use usually expected of similar goods and, where applicable:
- if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- if they present the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by their representative, in particular in advertising or labelling;
2° Or if they present the characteristics defined by mutual agreement between the parties or are fit for any special use sought by the buyer, brought to the seller's knowledge and accepted by the latter.
In the event of non-conformity of a product sold, it may be returned to the company La Maison d'Orient, which will take it back, exchange it or refund it. All complaints, requests for exchange or refund must be made by e-mail to [email protected] within thirty days of delivery.
Article 8. Liability
The company La Maison d'Orient, in the distance selling process, is bound only by an obligation of means. Its liability cannot be incurred for damage resulting from the use of the Internet network such as loss of data, intrusion, viruses, service interruption, or other unintentional problems.
Article 9. Intellectual property
All elements of the website www.terredecologis.fr are and remain the intellectual and exclusive property of the company La Maison d'Orient. No one is authorised to reproduce, exploit or use, in any capacity whatsoever, even partially, elements of the site, whether in the form of a photo, logo, visual or text.
Article 10. Personal data
The company La Maison d'Orient undertakes to preserve the confidentiality of the information provided by the buyer, which they may be required to transmit for the use of certain services. Any information concerning them is subject to the provisions of law no. 78-17 of 6 January 1978. On this basis, the internet user has a right of access, modification and deletion of the information concerning them. They may make such a request at any time by post to the following address: La Maison d'Orient – 3 Avenue des Erables – 94440 Santeny.
Article 11. Settlement of disputes - Mediation
These distance selling conditions are subject to French law.
According to article R631-3 of the French Consumer Code, for all disputes or litigation, the consumer may refer the matter either to one of the courts with territorial jurisdiction under the French Code of Civil Procedure, or to the court of the place where they were residing at the time the contract was concluded or the damaging event occurred.
The customer is informed of the possibility of resorting, in the event of a dispute, to a conventional mediation procedure or to any other alternative method of dispute resolution.
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, La Maison d'Orient SARL subscribes to the FEVAD (Fédération du e-commerce et de la vente à distance) E-commerce Mediator Service, whose contact details are as follows: 60 Rue La Boétie – 75008 Paris. After a prior written approach by consumers to La maison d'Orient SARL, the Mediator Service may be contacted for any consumer dispute whose settlement has not been successful. To find out how to refer a matter to the Mediator, click here: http://www.mediateurfevad.fr
Appendix: model standard withdrawal form
For the attention of: XXX
I hereby notify you of my withdrawal from the contract relating to the following order:
-Name(s) and reference(s) of the item(s):
-Ordered on:
-Received on:
- Order no.:
Name of the customer who placed the order:
Address of the customer who placed the order:
Signature of the customer in the event of notification of this form on paper:
Date:
Use of your email address
In compliance with the regulations in force, in particular Article L.34-5 of the French Postal and Electronic Communications Code and the recommendations of the CNIL, we may occasionally send you information or offers concerning products or services similar to those you have already ordered from us.
Your email address remains strictly confidential and will under no circumstances be sold, transferred or disclosed to third parties for commercial purposes.
You may object to these mailings at any time, simply and free of charge, by clicking on the unsubscribe link included in each email or by contacting us at the address given in the "Contact" section.