Terms and Conditions
In these Terms and Conditions of sale (the "T&C"), the term "Customer" shall mean any person wishing to acquire one or more products offered for sale (the "Product(s)") on the website www.maisonbleulin.com (the "Website") in compliance with the Terms and Conditions.
Each order made by a Customer under the conditions of these Terms and Conditions will hereinafter be referred to as an "Order".
The companies MAISON BLEU LIN uses for the delivery of the products to the customer are hereinafter referred to as "Carriers".
2. Purpose of the Terms & Conditions
The purpose of the Terms & Conditions (T&C) is to define the rights and obligations of the parties in the context of the sale on the Website of the products offered by MAISON BLEU LIN to the Customer.
The Customer acknowledges having read, at the time of placing the Order, the Terms & Conditions stated on this screen. In this sense, the Client acknowledges that he accepts without reservation all the provisions set out in the present conditions below.
These Terms & Conditions shall prevail over any other terms and conditions contained in any other document, unless previously waived in writing. Insofar as the Customer orders online the Products presented on the Website, the electronic signature of the Customer on the validation page of the Order, marks the conclusion of the contract between the Customer and MAISON BLEU LIN. In accordance with 2000 March 13th law text on electronic signature and the 2004 June 21st law on confidence for the digital economy, any Order validated by the Customer by his "double click" or by his agreement on the phone constitutes an irrevocable acceptance of these Terms and Conditions by the Customer, like a handwritten signature.
3. The Website
Any Order validated by a Customer on the Website implies the prior acceptance of these Terms and Conditions. The Website is operated by :
MAISON BLEU LIN, individual company, whose head office is located at 9 rue du petit fort, 22100 DINAN, registered at St Malo RCS Commerce Registree Office under the number 419 939 715 000 19
VAT Not applicable, Article 293B of the French General Tax Code.
The Website is hosted by the company Agence 11h10, limited company owned by Sylvain Guéné, whose registered office is located at Parc d'Activités Beaujardin, bâtiment Rhedae, CHATEAUGIRON, registered with the Rennes Commerce Office under the number RCS Rennes B 842 045 452
www.maisonbleulin is an e-commerce website owned and managed by Maison Bleu Lin. The website is accessible to all users of the Internet.
Maison Bleu Lin cannot be held responsible for any damage of any kind resulting from the unavailability of the site.
Maison Bleu Lin cannot guarantee that the site will be free of anomalies, errors or bugs, nor that the site will function without breakdown or interruption.
In this respect, Maison Bleu Lin may freely determine at its own discretion any period of unavailability of the site or its content.
Maison Bleu Lin cannot be held responsible for any problems with data transmission, connection or network unavailability.
Maison Bleu Lin reserves the right to make changes to the Web Site for technical or commercial reasons. Where such changes do not materially or adversely affect the provision of the services, the client may be informed of the changes, but acceptance is not required.
4. Validity of the Terms and Conditions
MAISON BLEU LIN reserves the right to modify its Terms and Conditions at any time and for any reason. However, the Products ordered on the Website by the Clients are governed by the Terms and Conditions online at the date of the Order and accepted by the Client.
5. Duration of the contract
The Terms and Conditions are concluded for the duration necessary for the supply of the Products, until the expiry of their guarantees.0
6. Documentary evidence
The contractual information about the Order will be confirmed by email.
MAISON BLEU LIN recommends that the Client keep the confirmation email or print it.
However, all documents resulting from the archiving in the computer systems of MAISON BLEU LIN may also constitute legal proof of any communication, any Order, and any payment made between the Parties.
7. The goods
Any professional seller of goods must, before the conclusion of the contract, put the consumer in a position to know the essential characteristics of the good.
The goods offered on the site constitute an advertisement and are therefore subject to the provisions of Article L 121-1 of the Consumer Code.
The Products offered for sale are those described on the site on the day the customer consults the site, within the limits of available stocks.
However, MAISON BLEU LIN is not responsible for any error in the update, whatever its origin.
MAISON BLEU LIN will do its best to propose an alternative solution to the Customer in this case, without being able to guarantee it.
MAISON BLEU LIN will do its best to present the Products and their essential characteristics. However, it is possible that errors may appear on the website, which the Client acknowledges and accepts. In general, the descriptions (photographs, texts, graphics, information and characteristics) illustrating the Products presented are given as an indication.
In case of error in the description (photographs, texts, graphics, information or characteristics) of a Product, MAISON BLEU LIN cannot be held responsible.
MAISON BLEU LIN is committed to honouring the orders received within the limits of available stocks. If the product is not available, MAISON BLEU LIN will inform the Customer as soon as possible and offer him a similar product, a refund or a credit note on all the unavailable products.
If the customer chooses a refund, MAISON BLEU LIN will try to refund the customer within thirty (30) days from the date MAISON BLEU LIN informed the customer of the unavailability of the product.
8. Prices of the Products
The prices of the Products sold on the Website are indicated in euros excluding VAT (art. 293B of the French General Tax Code) and do not include shipping costs. They are valid as long as they appear on the product description page on the Website. The price indicated on the product sheets does not include transport: this varies according to the carrier, the chosen solution (home delivery or delivery point), the weight of the order and the destination.
All prices are given subject to obvious typographical errors. If an error occurs MAISON BLEU LIN will contact the Customer to inform him of the error and remind him that the Order will be charged at the corrected conditions.
However, in case of refusal of the corrected conditions, the Customer will be free to cancel the corrected Order without penalty.
A procedure is set up with successive steps that must be followed to validate the order.
The customer can select as many Products as he/she wishes, which will be added to the "basket" which summarises the Products chosen by the Customer as well as the related prices.
The customer may freely modify the basket before validating the order. Validation of the order confirms the Client's acceptance of the Terms and Conditions, the Products purchased and their prices.
An email confirming the order will be sent to the Customer by MAISON BLEU LIN. To this end, the Customer formally accepts the use of email for the confirmation by MAISON BLEU LIN of the content of his order. Failure by the Customer to respond to the aforementioned email within 48 hours will result in the cancellation of the order.
The invoice will also be sent to the Customer by email, following the order confirmation. Only persons legally capable of entering into contracts can order Products on the Website. By placing the Order, the Customer warrants that he/she has the full legal capacity to accept these Terms and Conditions and to enter into this contract. When placing an Order, the Customer agrees to provide the information requested and undertakes to ensure that this information is accurate: first and last name, address, telephone number, e-mail address, etc. The Customer must check all the information entered during the Order process and on the Order validation page (Product ordered, delivery address, billing address, telephone number, etc.). If, after validation of the online Order, the Customer realizes that he/she needs to modify some information, he/she can do so by contacting MAISON BLEU LIN's customer service by email email@example.com immediately so that the latter can best satisfy his/her request.
MAISON BLEU LIN reserves the right to remove at any time any product displayed on the Website and to replace or modify any content or information on the Website.
Despite the best efforts to satisfy the customer's expectations, MAISON BLEU LIN may have to refuse to process an Order after sending the customer the confirmation email summarising the Order. MAISON BLEU LIN shall not be liable to the customer or any third party for any damages resulting from the removal of a product from the Website, or the replacement or modification of any content or information on this Website, or the refusal to process an order after sending the confirmation email summarising the order.
MAISON BLEU LIN also reserves the right to refuse or cancel an order from a customer with whom it has a dispute over the payment of a previous order or an objective suspicion of fraud.
MAISON BLEU LIN cannot be held responsible for any typing errors made by the Client, nor for their consequences in terms of delay or delivery error.
Thus, if the delivery cannot take place because of an input error by the Customer, or because of an erroneous mention, the costs of reshipment will be charged to the Customer.
In this case, MAISON BLEU LIN will not be held responsible for not respecting the delivery time. MAISON BLEU LIN sends an email confirming the Customer's order to the email address provided by the Customer in order to summarise the contractual information. This email is sent after validation of the Order and receipt of the associated payment. Orders are processed in the order in which they are actually registered by the computer systems of MAISON BLEU LIN.
MAISON BLEU LIN is committed to process all Orders, within the limits of available stocks.
Several payment solutions will be offered to the Customer by MAISON BLEU LIN: credit card over the phone (at the expense of MAISON BLEU LIN which calls the Customer at the time of his choice and pays the cost of the call, regardless of the destination), bank transfer, postal or bank check, Wise and Pay Pal payment solutions.
If the Customer chooses to pay by cheque, he/she must send the cheque to the seller, Maison Bleu Lin, on the same day as the order is placed.
If the payment by French postal or bank cheque is not received by the seller within a maximum of 5 working days, the seller reserves the right to cancel the order in its entirety.
Grouping several orders option for one sole shipment :
The Customer shall have the option of grouping different Orders spread over several days or weeks into a single shipment (Delivery).
However, payment for each Order must be made before a new Order can be placed.
The payment of the shipping costs will be made at the end, just before the delivery, once the Carrier has been chosen, the shipping method has been determined and the shipping costs have been calculated as accurately as possible, depending on the destination of the package(s).
MAISON BLEU LIN cannot be held responsible for the non-execution of the contract in case of stock shortage or unavailability of the product, force majeure, disruption or total or partial strike of postal services and means of transport, communications (computer network failure etc.), flood, fire, exceptional weather... MAISON BLEU LIN cannot be held responsible, towards a Customer or a third party, for any indirect damage, loss of profit or turnover or loss of data occurring in any way.
Unless otherwise stipulated in these Terms and Conditions, or on the Website when the Customer validates the Order, the delivery costs are always at the expense of the Customer and not included in the price of the Product. La Poste is the main carrier with which MAISON BLEU LIN deals for the delivery of the packages. The Products are necessarily delivered to the address indicated by the Customer when entering the information during the Order.
The Customer must check the package upon arrival and has a maximum of 48 hours to do so.
If the Customer is unable to be present at the address indicated on the day of delivery, a delivery notice shall be left in the Customer's letterbox.
It is then up to the Customer to collect the Order from the post office within 10 working days of the delivery notice being left. After this period of 10 working days, the product is returned by the Post Office to MAISON BLEU LIN. If the Customer decides to have a new delivery, it is at his expense and must be paid before the reshipment by contacting the customer service of MAISON BLEU LIN. If the Customer wishes to cancel the Order, he can choose either a refund or a credit note, the shipping costs not being refunded.
If the Customer chooses the refund, MAISON BLEU LIN will refund the Customer within thirty (30) days from the date of receipt of the returned Product. If the Customer has entered an incorrect address in the Order, the Post Office will be unable to deliver and the Product will automatically be returned to MAISON BLEU LIN.
If the Customer decides to have a new delivery made, this is at his/her expense and must be paid for before the return by contacting MAISON BLEU LIN customer service. Upon delivery of the product, the Customer must check the external aspect of the package and refuse it in case of deterioration.
Delivery times vary depending on the Carrier and are indicated on the Order validation page or in the Order validation email.
The times mentioned are only indicative, however the delivery deadline is set for an address in mainland France on the day of payment + 15 days and for other destinations on the day of payment + 20 days.
In case of non-receipt of a package within the indicative time, the Customer can contact MAISON BLEU LIN who will determine the cause of the delay and communicate it to the Customer.
The Customer can cancel his order by registered mail with acknowledgement of receipt if he is not delivered within 7 days from the maximum delivery date but less than 60 days after the maximum delivery date.
In the event of apparent defects, the buyer has the right to return the goods under the conditions set out in this document. War, riot, fire, strikes, accidents and the impossibility of being supplied shall be considered as force majeure discharging the seller from his obligation to deliver. The trader shall be fully liable to the consumer for the proper performance of the obligations arising from the distance contract, irrespective of whether these obligations are performed by the trader who concluded the contract or by other service providers, without prejudice to his right of recourse against them. However, he may be exempted from all or part of his liability by proving that the failure to perform or improper performance of the contract is attributable either to the consumer or to the unforeseeable and insurmountable act of a third party to the contract, or to force majeure.
13. Right of withdrawal
Article L. 121-21. to L.121-21-8 of the Consumer Code. You have 14 days (from receipt of the items) to make up your mind.
Please note that Products sold by the metre, i.e. ribbons, laces and fabrics, specially cut for the Customer, will not be returned, exchanged or refunded.
Only whole Products may be refunded or exchanged.
In the event of an exchange or refund, return the Product(s) new, intact, accompanied by all possible accessories, instructions and documentation via the following form:
Please complete and return this form only if you wish to withdraw from the contract:
To the attention of :
MAISON BLEU LIN
9, rue du Petit Fort ( Jerzual)
I/We hereby notify you of my/our withdrawal from the contract for the sale of the goods below:
Ordered on ....................................... / Received on ..........................................................
Name of consumer: ................................................................................................
Consumer's address: ...........................................................................................
Signature of consumer :
Where the right of withdrawal is exercised, the trader shall be required to reimburse the consumer for all sums paid, including the cost of delivery, without undue delay and no later than fourteen days from the day on which he receives the consumer's decision to withdraw. For contracts for the sale of goods, unless the trader offers to collect the goods himself, the trader may withhold the reimbursement until he has collected the goods or until the consumer has provided proof of dispatch of the goods, whichever is the earlier. Beyond that date, the sums due shall automatically be increased by the legal interest rate if the reimbursement is made no later than ten days after the expiry of the time limits set out in the first two paragraphs, by 5% if the delay is between ten and twenty days, by 10% if the delay is between twenty and thirty days, by 20% if the delay is between thirty and sixty days, by 50% between sixty and ninety days and by five additional points for each additional month of delay up to the price of the product, and then by the legal interest rate. The trader shall make the refund using the same means of payment as the one used by the consumer for the original transaction, unless the consumer expressly agrees to use another means of payment and insofar as the refund does not incur any costs for the consumer. The trader shall not be obliged to reimburse additional costs if the consumer has expressly chosen a more expensive delivery method than the standard delivery method offered by the trader.
Please note that a few Products are sold by the cut (ribbons, laces, fabrics) and will not be refunded or exchanged under any circumstances. These Products sold by specific length, made at the express request of the customer since he alone has validated the required quantity, do not fall within the scope of the right of withdrawal. The right of withdrawal only applies to items sold by the piece or in a single container (jar, bag, sachet, bottle, blister pack, envelope, etc.).
14. Reservation of ownership clause
It is expressly agreed that Maison Bleu Lin retains ownership of the goods until full payment of the price.
In this respect, the delivery of any document creating an obligation to pay does not constitute payment within the meaning of the present clause.
The buyer (the customer) is entitled to resell the delivered goods in the course of its normal business operations, unless it is in a state of suspension of payments. He may not pledge the goods or transfer ownership of the goods by way of security.
In the event of seizure or any other intervention by a third party, the purchaser (the customer) is obliged to notify Maison Bleu Lin immediately.
In the context of the application of the present clause, the buyer (the client) will bear the risk of loss or destruction of the goods upon delivery.
This contract is subject to French law. MAISON BLEU LIN cannot be held responsible for damages of any kind, material or immaterial, which could result from a malfunction or misuse of the products sold. The same is true for any changes in the products resulting from the manufacturers. The responsibility of MAISON BLEU LIN will be, in any case, limited to the amount of the order and can not be held responsible for simple errors or omissions that could have remained despite all precautions taken in the presentation of products. In case of difficulties in the application of this contract, the buyer has the opportunity, before any legal action, to seek an amicable solution with the help of: a professional association of the branch, a consumer association or any other advice of his choice. It is recalled that the search for an amicable solution does not interrupt the "short period" of the legal guarantee, nor the duration of the contractual guarantee. It is recalled that as a general rule and subject to the appreciation of the Courts, compliance with the provisions of this contract relating to the contractual guarantee assumes: that the buyer honours his financial commitments to the seller. Complaints or disputes will always be received with attentive benevolence, good faith always being presumed in the person who takes the trouble to explain his situation. In the event of a dispute, the customer shall first contact the company to obtain an amicable solution.
Failing this, the Commercial Court of St Malo (Ille-et-Vilaine) shall have sole jurisdiction, regardless of the place of delivery and the method of payment accepted.
Article L. 211-4. to L. 211-14. of the Consumer Code and commercial guarantee Article L. 211-15. to L. 211-16-1. MAISON BLEU LIN cannot be held responsible for non-compliance with the regulations and laws in force in the country of receipt, the responsibility of MAISON BLEU LIN is systematically limited to the value of the product in question, value at the date of sale and without possibility of recourse to the brand or the company producing the product. In any case, the customer benefits from the legal guarantee of eviction and hidden defects (Art.1625 and following of the Civil Code). On the condition that the buyer proves the hidden defect, the seller must legally repair all the consequences (Art.1641 and following of the Civil Code); if the buyer goes to court, he must do so within two years of the discovery of the hidden defect in order to initiate civil proceedings. The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
You can contact the customer service: MAISON BLEU LIN 9, rue du Petit Fort 22100 DINAN firstname.lastname@example.org
17. Liability of the trader
Liability of the trader in distance selling: The trader shall be fully liable to the consumer for the proper performance of the obligations arising from the distance contract, irrespective of whether these obligations are performed by the trader who concluded the contract or by other service providers, without prejudice to his right of recourse against them. However, he can be exonerated from all or part of his responsibility by proving that the non-performance or the bad performance of the contract is attributable either to the consumer, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.
MAISON BLEU LIN cannot be held responsible for the non-execution of the contract in case of stock shortage or unavailability of the product, force majeure, disruption or total or partial strike of postal services and means of transport, communications (computer network failure etc.), flood, fire, exceptional weather... MAISON BLEU LIN cannot be held responsible, towards a customer or a third party, for any indirect damage, loss of profit or turnover or loss of data occurring in any way.