TERMS AND CONDITIONS
TRADE NAME: All orders are placed with Maison d'Aquitaine which is a trade name of S.A.S. Maison d'Aquitaine (Legal form Société par actions simplifiée). Registered in France. Siret N° 928 993 641 00010. SAS with capital of 3,000 euros. Head office : 9, Rue du Couvent, 24500, France These terms and conditions shall apply to all sales of products and other services provided by Maison d'Aquitaine to our customers.
1. Définitions.
1.1. In these terms, unless the context indicates otherwise, the following expressions shall have the following meaning: 'MdA' means Maison d'Aquitaine SAS. Products” means the products we sell to you, as defined in the order. Order” means a document (quotation, offer, purchase order and/or invoice), in printed or electronic form, produced by us which describes the goods or services to be supplied by us to you under these conditions.
1.2. 'Unforeseen Event' has the meaning given to it in clause 12. 'Business Day' means any day except Saturday, Sunday and public holidays. We' and 'our' are
relative expressions meaning Maison d'Aquitaine and as detailed above.
1.3. The terms 'you' and 'your' are relative expressions referring to the person to whom the order is addressed. Consumer' means any person who, in purchasing goods, is acting for purposes which do not fall within the scope of his professional activity and who may be considered a consumer within the meaning of the French Consumer Code.
1.4. 1909', 'The Old Cooperage', 'Cosentino' and all other supplier products etc. Special orders” are products manufactured to your specifications, non-stocked products ordered specifically for your order, or clearly personalized items such as custom-made furniture.
2. Basis of contract.
2.1. These conditions, the order, are regarded by us as defining the entire agreement between you and us, for the sale of goods or services. Please check that the details set out in the conditions or on the order form are complete and accurate before entering into the contract. Please ensure that you have read and understood these conditions before confirming the order, as you will be bound by the conditions once a contract has been concluded between us. If any conditions are inconsistent with the terms of the order, the purchase order shall prevail.
2.2. The order is an order from you to enter into a binding contract, which we are free to accept or decline at our absolute discretion. These conditions are binding on you and us as confirmation of the execution of the order, when we receive a signed “quotation” from you or when we receive an offer or when we receive it in writing (on paper or in electronic form), in which case a contract will be concluded between us.
We have the right to revise and amend these conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in the capabilities of any systems operated by us.
2.3. You will be subject to the policies and conditions in effect at the time the binding contract comes into effect, unless a change to those policies or conditions is required by law or by a governmental or regulatory authority (in which case it will apply to orders you have previously placed that we have not yet fulfilled).
3. Cancellation/cooling orders and order modifications.
3.1 Orders for kitchens, custom-made furniture and other furniture: After confirmation of the order, you have 5 days to cancel the order and receive a full refund. With the exception of custom-made items, upholstered furniture and household appliances, which are non-refundable.
3.2 Orders supplied by Maison d'Aquitaine are not subject to the right of withdrawal provided for in the French Customer Code. Consequently, the consumer expressly agrees to benefit from the immediate execution of the order upon acceptance of the quotation. In accordance with article L.221-28 of the French Consumer Code, the consumer expressly waives his or her right of withdrawal.
3.3. You may add to/modify the order in agreement with Maison d'Aquitaine, which must be confirmed by you. (Whether on paper or electronically). The order will then be adjusted and the order values modified ('purchase order' and/or 'invoice'). If the order cannot be modified because the original order is part of a voucher program or other promotion, or for any other reason, the added goods will be invoiced separately.
4. Payment terms for orders of custom-made furniture for kitchens, bedrooms, offices, etc.
4.1 We will send you a quotation or order form against a deposit: 60% for a complete kitchen project, 70% for orders of small pieces of furniture or other goods, and 100% for appliance orders, of the total amount of the order.
4.2 Fourteen days or more before delivery, Maison d'Aquitaine will send you a final invoice. This will show the remaining 40% on the complete kitchen project and 30% on orders for small pieces of furniture or other goods, with original values as in the quotation or values adjusted in the order. This invoice must be paid ten days or more before delivery to ensure timely delivery and to avoid penalties associated with delays including those from the delivery company and Maison d’Aquitaine associated with holding the items until payment is received.
When Maison d'Aquitaine provides the installation service for your kitchen, bedroom, office, etc., the costs are described in the quotations and will be invoiced separately. Payment of that invoice is expected on the last day of installation.
5. Refunds
5.1 No refunds will be made on orders for work already carried out (such as site visits, design fees or consultations) and for goods already delivered, with the exception of goods for which a warranty period has been agreed or described in our brochures or those of our suppliers.
5.2 In the event of damage, missing items or other defects, please contact our head office. If the damaged products are due to the fault of Maison d'Aquitaine, they will be replaced or reimbursed. If the damage occurred after delivery and/or as a result of your use, the products will not be replaced or refunded. The same applies to missing goods or items for which a defect has been detected.
5.3 Damage occurring during transport must be reported directly to Maison d'Aquitaine, with photos of the arrival and damaged items, within 48 hours of delivery.
5.4 For 'delivery only' Maison d'Aquitaine must be informed of any damage or problems with the furniture within 48 hours of delivery. Maison d'Aquitaine will not accept responsibility for any damage or problems arising with the furniture after this time. In the event that the kitchen is not installed by an installer approved by Maison d'Aquitaine and the manufacturer (1909, The Old Cooperage etc.), Maison d'Aquitaine accepts no responsibility for any damage caused to the furniture during the installation of the kitchen, nor do we accept responsibility for any problems with the worktop if it cannot be installed correctly because the kitchen furniture has not been installed correctly.
6.0. Products, services and designs
6.1. We make every effort to ensure that upon delivery of the goods :
6.1.1. All materials conform to their description on the order;
6.1.2 Are of sufficient quality;
6.1.3 Are suitable for the intended use of the goods;
6.1.4 Are free from material defects in design, material or workmanship; and
6.1.5 Comply with all legal and regulatory requirements applicable to the sale of the goods.
6.2 The warranties set out in this clause 4 are in addition to your statutory rights in respect of products which are defective or which do not comply with these conditions.
6.3 This warranty does not apply to defects in the goods arising from it.
6.3.1 Normal wear and tear, intentional damage, accidents or negligence on your part or that of a third party;
6.3.2 Use of the goods in a manner not recommended by us;
6.3.3 Your failure to comply with any instructions (including instructions on how to use, clean and maintain the goods) provided by us; or
6.3.4 Any alteration or repair you carry out without prior written authorization.
6.4 Although Maison d'Aquitaine offers full service and delivery of goods for kitchen projects, Maison d'Aquitaine also offers and supplies household appliances, taps, sinks, etc. Maison d'Aquitaine is not responsible for defects. Maison d'Aquitaine is not responsible for defects.
6.4.1 For this, we refer you to the “after-sales service” of the brands supplied.
6.4.2 Maison d'Aquitaine will do everything in its power to assist you to the best of its ability in order to achieve a correct resolution of the problem.
6.5 In the case of “delivery only”, there is no guarantee on the installation of the furniture, nor on any damage caused to the products. The manufacturer can only
provide a guarantee when the furniture has been installed by a technician supplied by the manufacturer (1909, The Old Cooperage, etc.). When you provide the
measurements to order your kitchen “supply only”, you can in no way hold Maison d'Aquitaine responsible, for example in the case of different dimensions, unsuitable
furniture, or lack of goods.
6.6 By signing a computer-generated representation of your project, you acknowledge that this is a visual aid and certainly not an exact replica of your home, project, room or furniture. We are limited by computer software and may need to use other objects or furniture. Deviations may occur due to production requirements, merchandise safety, warranty of use. In addition, customized products may not appear exactly in the drawing (CAD system) and there may be differences.
6.7 Site visit and design fees are non-refundable for all kitchen and furniture designs. Site visit and design costs are invoiced in advance and must be paid prior to the visit. Unless otherwise agreed with Maison d'Aquitaine.
6.8 There is a fixed fee for design including a site visit, up to 3 drawings and a rendered image of the project. You agree to pay Maison d'Aquitaine at an hourly rate for any additional design work you request. Unless otherwise agreed and confirmed in writing by Maison d'Aquitaine.
6.9 All prices and costs are clearly stated in the quotations we submit to you in English and are as per the Devis that you must sign in French before sending payment. This is a binding contract.
7.0 Prices and payment
7.1 The price of goods is the price in effect at the time you confirm your order.
7.1.1 We reserve the right to update our price list from time to time without notice.
7.1.2 Our offer is valid for 30 days from the date of the offer. With the exception of domestic transport costs. Our offer is valid for 7 days from the date of the offer, unless we inform you that we have withdrawn it during this period.
7.2 Prices are fixed for 6 months after confirmation of the order, by payment of the deposit or otherwise.
7.2.1 If a delay is caused by the customer, for example by renovations, and we are unable to deliver within the 6-month period, Maison d'Aquitaine reserves the right to increase prices in line with new market prices from suppliers.
7.2.2 Any additional costs due to delay on the part of the customer, such as storage costs, will be invoiced to the customer.
7.3 Determinations of the offer and price of products are made on the basis that a binding contract is only formed in accordance with article 2.4.
7.4 The price includes VAT (unless otherwise stated). VAT will be charged at the rate applicable at the time of delivery, depending on the delivery of the goods and services.
7.5 The price or goods indicated do not include delivery; delivery charges are indicated separately on the order form.
7.6 Payment for all goods must be made in advance by cash, cheque or bank transfer. Payment details are shown on our invoices and are never mentioned separately in e-mails, SMS or other messages.
7.7 For international transfers in other currencies, please contact Maison d'Aquitaine. If additional costs are incurred, Maison d'Aquitaine reserves the right to pass these on to the customer.
7.8 In the event of non-payment, late payment penalties due to Maison d'Aquitaine will be calculated in accordance with article L 441-10 of the French Commercial Code, and the customer will be required to pay an indemnity for collection costs of 40.00 euros per unpaid invoice.
7.9 Maison d'Aquitaine has the right to suspend all diligence until the customer's payment incident has been resolved.
8.0 Delivery and assembly
8.1 Products are delivered to the delivery address indicated on the order form.
8.2 Delivery of the order is complete when we deliver the goods to you.
8.3 If, for any reason whatsoever, we are unable to deliver the entire order at once, in particular for operational reasons or in the event of stock shortages, we will deliver the order in stages in consultation with the customer. In this case, we will not charge you any additional delivery costs.
8.3.1 Where the customer requests that the order be delivered in several stages, we may charge additional costs.
8.3.2 Each delivery constitutes a separate contract.
8.4 We will take reasonable steps to meet the delivery times set out in the order (or as agreed in writing between Maison d'Aquitaine and the customer).
8.4.1 From time to time, however, delivery may be affected by factors beyond our control and therefore cannot be guaranteed. We will inform you if we experience an unexpected delay and arrange a new delivery.
8.4.2 We cannot be held responsible for delays in delivery, unless a delivery date has been agreed in writing by both parties at the time of the order.
8.5 Please inform us if access to the delivery address is difficult for large vehicles. If in doubt, please contact Maison d'Aquitaine to make alternative arrangements.
8.6 Offers of assistance in unloading the delivery are at your own risk and should only be attempted if you are able to lift the load. 6.7 We may refuse to deliver goods if:
8.6.1 We believe it would be dangerous, illegal or difficult to do so or ;
8.6.2 The premises (or access to them) are unsuitable for the delivery vehicles we use.
8.6.3 Where payment has not been received for the goods.
8.7 If you are unable to take delivery of the order, because you have not provided the necessary information regarding access to your property, which has led us to choose the wrong mode of transport or vehicle size, and therefore not to make the delivery, then, unless this failure is due to a malfunction on our part, we will comply with these special conditions.
8.7.1 You are responsible for the costs of arranging a second delivery. In this case, we cannot guarantee the date of the second delivery. Any additional costs will be borne by you.
8.7.2 We will store the goods until delivery can be made and charge you a reasonable amount to cover the costs of storage and second delivery.
8.7.3 We are not responsible for delays in delivery.
8.8 Check all goods within 48 hours of receipt. We reserve the right to refuse claims for damaged or missing goods made after this time, unless a longer period has been agreed in writing.
8.9 Under no circumstances do we accept liability for loss of working time.
8.10 Delivery of goods is agreed between you and Maison d'Aquitaine. The piece must be ready. See the documentation on part preparation and the advice obtained from Maison d'Aquitaine during the design process. If the room is not ready, after you have announced that work may begin, and there is therefore a delay in the work, and delivery has been postponed, and the fitters cannot begin to assemble the kitchen, Maison d'Aquitaine will invoice you for any additional costs that must be made to cancel / postpone the work, delay and postpone delivery, additional delivery and other costs.
8.11 Maison d'Aquitaine reserves the right to cancel or postpone the delivery or installation of a kitchen if the space is not ready to receive it as agreed and as instructed.
8.11.1 This is to prevent the goods from being damaged by external factors.
8.11.2 Maison d'Aquitaine reserves the right to charge any additional costs if Maison d'Aquitaine has to postpone delivery and installation.
8.11.3 This does not give you the right to cancel the order.
8.12 Where delivery has been arranged on a “delivery only” basis and you have arranged installation and/or stored the goods yourself, we cannot be held responsible for damage due to handling, damp or other factors beyond our control.
8.13 After installing the kitchen, you must inspect the delivery and the work with the installer.
8.13.1 If any adjustments need to be made, the installer will discuss these with you and Maison d'Aquitaine within a reasonable time.
8.13.2 You must come to an agreement at the end of the project. To do this, a person or a person nominated by you must be present at the end of the project.
8.13.3 If you or the person designated by you is not present at the completion of the project, we will consider the project as 'successfully completed'. And with this, you accept full completion.
8.13.4 Maison d'Aquitaine will then send you an electronic document to complete concerning the completion of the project, an agreement for the use of photos for our portfolio and a testimonial.
9. Installation.
9.1 Our 1909 or The Old Cooperage furniture can only be installed by a certified 1909 or Maison d'Aquitaine technician in order to have a warranty on the furniture.
9.1.1 If you choose to install the kitchen yourself or with an installer designated by you, Maison d'Aquitaine and its partners cannot be held responsible for damage, incorrect installation or defects.
9.1.2 There is no lifetime warranty on brand-name furniture when installed by yourself or by a non-certified installer not affiliated with Maison d’Aquitaine.
9.2 Installation implies acceptance of the product.
10. Risk and securities
10.1. Title to the goods shall not pass to you until we have received payment in full of all sums due in respect of the goods, including delivery charges.
10.2. Until title to the goods passes to you once full payment has been made, the goods will be fully insured by us while they are in our warehouse awaiting delivery. Our insurance cover terminates on delivery of the order, in accordance with clause
10.3 Maison d'Aquitaine has the right to take photographs of the furniture delivered during and after the design and/or kitchen projects, without infringing on your privacy. No personal data, information or photos are shared.#
10.4 Maison d'Aquitaine will request permission to publish photos in a separate agreement.
11. Limitation of liability
11.1 Subject to clause
11.2 If either of us intentionally breaches these conditions, we retain the right to hold
the other party liable for:
11.2.1 Damage to income, and
11.2.3 Loss of property.
11.3 Neither of us will exclude or limit in any way our liability for:
11.3.1 death or personal injury caused by negligence or ;
11.3.2 fraud or fraudulent misrepresentation;
11.3.3 or any other matter for which it would be illegal or unlawful for you or us to attempt to exclude our liability.
11.4 Maison d'Aquitaine cannot be held responsible for any technical or operational constraints that may affect the execution of the order. Finally, the customer shall be personally responsible for obtaining any town planning permits that may be required.
12. Waiver and Variations
12.1 If we fail, at any time while these Conditions are in force, to insist upon performance by you of any of your obligations under these Conditions, or
12.2 If we fail to exercise any of our rights or remedies under these conditions,
12.3.1 This will not mean that we have waived such rights or remedies and
12.3.2 It will not mean that you are not bound to comply with such obligations.
12.3.3 If we waive any fault on your part,
12.3.4 This does not mean that we will automatically waive any subsequent default by you.
12.3 No waiver or variation of these conditions will be effective unless we expressly state that it is a waiver and say so to you in writing.
13. Return of goods (with the exception of special orders, custom orders and items mentioned in clause 3.1)
13.1 Goods returned to Maison d'Aquitaine in good condition within 14 days of purchase will be refunded in full with proof of purchase, for example: Tiles (samples) wood (samples), unopened paint cans and bathroom or home accessories.
13.2 If you wish to return your order after delivery, you may inform us within 2 working days of receipt of delivery. The goods must be returned to us and we ask you to exercise reasonable care in handling the goods and to return the goods to us if possible unopened, unused and in their original packaging.
13.2.1. Confirm your intention to return the order by informing Maison d'Aquitaine within 2 working days of receipt; we will confirm a return address and reference for the parcel.
13.2.2 The cost of returning goods after delivery is at your expense and risk;
13.2.3 We are not responsible for the loss or damage of goods returned during transit and we therefore recommend that you return the goods by recommended delivery service and photograph the goods and packaging prior to dispatch.
13.2.4 When returning goods, please pack the goods carefully together, with your returns reference.
13.2.5 If returned goods are lost or damaged in transit, we reserve the right to charge you for any loss or damage, and we will not refund the goods.
13.2.6 If we have agreed to return goods, they must be returned within 14 days of the letter of intent.
13.3 Maison d'Aquitaine will not refund delivery charges for items already delivered.
13.4 In the unlikely event that goods do not conform to these Conditions, please inform us as soon as possible by contacting Maison d'Aquitaine.
13.5 We reserve the right to:
13.5.1 Inspect the goods at your premises;
13.5.2 collect the goods on a date agreed between you and us; or
13.5.3 require you to return the goods to us.
13.6. If we find that the goods are defective and we have asked you to return them to us, we will reimburse you, at your expense, for the cost of delivering the goods to third parties involved in the return.
13.7 If you exercise your right to return your order, any refund due will be made within 14 days of receipt of the goods.
14. Unexpected Events
14.1 We shall not be liable for any failure or delay in the performance of any of our obligations under these Conditions caused by events beyond our reasonable control
(an “Unexpected Event”).
14.2 An Unexpected Event includes acts of God, government acts, wars or national emergencies, acts of terrorism, protests, riots, civil disturbances, fires, explosions, floods, epidemics, extreme weather conditions, lock-outs, transportation delays, strikes and other labour disputes, disruption of a telecommunications network or power grid.
14.3 Our obligations under these conditions will be suspended for the period that the 'unexpected event' is continuing, and we will be given an extension of time to fulfil these obligations for the duration of that period. Take reasonable steps to prevent the 'unexpected event' or find a solution that will allow us to perform our obligations under these conditions despite the unexpected event.
15. General
15.1 All contracts concluded under the present terms and conditions are governed by French law.
15.2 In the event of a dispute between Maison d'Aquitaine and the Consumer, within the meaning of the French Consumer Code, any dispute or contestation will be subject to the exclusive jurisdiction of the courts designated by the French Consumer Code. Furthermore, in accordance with the provisions of articles L.611-1 et seq. of the French Consumer Code, the Consumer is informed that he/she may have recourse to a consumer mediator under the conditions laid down by law, either electronically or by post.
15.3 In the event of a dispute between Maison d'Aquitaine and a customer, any dispute or contestation will be submitted to the exclusive jurisdiction of the Tribunal de Commerce de Guéret, even in the event of a warranty claim, multiple defendants or the institution of summary or petition proceedings.
15.4 In accordance with Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, the Consumer is informed that the electronic link to the online dispute resolution platform is as follows: Online Dispute Resolution | European Commission (europa.eu)
15.5 If any of these conditions are unenforceable as set out;
15.5.1 this will not affect the enforceability of these conditions; and
15.5.2 if it is enforceable or modified, it will be treated as such.
15.6 Any communication you send to us must be addressed to Maison d'Aquitaine at its registered office. We can inform you by mail or postal address at the address you
provided when you placed your order.
16. Deviations from the general conditions or from certain conditions are possible after agreement between the customer and the management of Maison d'Aquitaine,
which will be confirmed in writing.
17. In addition to the terms and conditions of Maison d'Aquitaine, the terms and conditions of 1909, The Old Cooperage and other suppliers terms and conditions also apply. For this information, we refer to the manufacturers' websites. We also refer to the information and disclaimers on various documents, such as plans, renderings, quotations, invoices, etc.
18. Protection of personal data.
In accordance with Regulation 2016/679 of April 27, 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data, Maison d'Aquitaine implements the processing of personal data for the purpose of fulfilling the order. Maison d'Aquitaine may collect personal data relating to the customer or to persons acting on behalf of the customer. The customer is informed of the following:
- The person in charge of processing personal data is Mr Craig WADEY;
- The purpose of processing personal data is the execution of the order, as well as the keeping of statistics and the implementation of commercial offers by e-mail. - The recipients of the personal data are the data controller, the marketing department, the IT security department, the deliverables department, and any authority legally authorized to access the personal data in question; - The customer is informed that no transfer of personal data outside the European Union is envisaged;
- Personal data is kept for a period of three years only;
- The customer has the right to request from the data controller access to personal data, its rectification or deletion, or the right to object to processing and the right to data portability;
- The customer has the right to ask the data controller for access to personal data, their rectification or deletion, or the right to object to processing and the right to data portability;
- The customer has the right to lodge a complaint with the French Data Protection Authority (Commission Nationale de l'Informatique et des Libertés);
- The information requested at the time of ordering is necessary for the preparation of the invoice and the execution of the order, without which the order could not be validated. No automated profiling decisions are made as part of the ordering process.
- Finally, it is the customer's responsibility to take appropriate measures to protect their own data and/or software from contamination by any viruses circulating on the Internet. Maison d'Aquitaine cannot be held responsible for any direct or indirect damage, including any loss or damage resulting from misuse of telecommunication networks by the customer.