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Terms & Conditions
The following Terms & Conditions are a translation of the Conditions Générales de Vente. Only the French text shall prevail in the event of a dispute.
TERMS & CONDITIONS
ARTICLE 1 – PURPOSE
MAHA, Les Nouveaux Papiers SAS (“MAHA SAS”) offers several types of products and services (“Products”) through its website impressionoriginale.com (“the Site”).
These activities are carried out under the trademark “IMPRESSION ORIGINALE” and are operated by the impressionoriginale.com website, operated by MAHA SAS. The Site is open to all Internet users (“the Customer(s)”).
MAHA SAS’ activity is the creation and distribution of fine art paper and, in particular, gift-wrap or high-quality wrapping paper, or any other packaging and decorative element. It also sells ribbon and passementerie products on its Site.
The purpose of these Terms and Conditions of MAHA SAS is to define the rights and obligations of the parties in connection with the sale of the Products to Customers. They apply, without limitation, to all sales of the Products offered by MAHA SAS on its Site. By ordering Products on the Site, the Customer agrees to these Terms and Conditions.
These Terms and Conditions are the English translation of the original French version and the latter shall prevail should there be any inconsistencies with the English version. The Customer has the possibility to save and print them.
MAHA SAS may modify these Terms and Conditions at any time without notice. Such changes will not apply to orders which have already been accepted and confirmed by the Customer.
These Terms and Conditions contain the full obligations of the parties and apply to the exclusion of any other conditions. They are accessible on the Site and will prevail, as the case may be, on any other version or other contradictory document.
MAHA SAS and the Customer agree that these Terms and Conditions govern their relations exclusively. They will be applicable as soon as they are put online. The description and prices of the Products are available on the Site.
ARTICLE 2 – COMPUTER NETWORK
MAHA SAS will use its best endeavours to ensure access to the Site 24 hours a day, 7 days a week, but cannot be held responsible for interruptions, unavailability or lack of reliability of the Internet.
ARTICLE 3 – ORDER
The Customer has the possibility to place her/his order online, from the online catalogue, for any Product, to the extent that stock is available. The Customer will be informed by email if he has ordered a Product that is unavailable. In order for the order to be confirmed, the Customer must accept, by ticking in the indicated place, the Terms and Conditions. She/He must also choose the address and mode of delivery, and finally validate the method of payment. The sale will be confirmed once the Customer has received an email from MAHA SAS confirming the acceptance of the order and after receipt by MAHA SAS of the full price. By ordering a Product, the Customer is deemed to have accepted the prices and descriptions of the Products available for sale. Any dispute on this point will be made in the context of a possible exchange and the guarantees mentioned below. In certain cases, including non-payment, partial payment or payment incident, or in case of fraud or attempted fraud relating to the use of the Site, incorrect address or other problem with the Customer’s account, MAHA SAS reserves the right to withhold the Customer’s order until such a problem is solved.
For any question relating to following-up of an order, the Customer must send an e-mail to the following address: email@example.com.
When the Customer confirms her/his order by clicking on the icon “Validate your payment”, he is considered as having accepted knowingly the content and the conditions of the order in question and in particular these Terms and Conditions, including, without limitation, all shipping and handling charges. In addition, the Customer remains responsible for any taxes that may be applicable to his order.
MAHA SAS will then confirm this order by sending an e-mail to the Customer. Therefore, in the event of an incorrect e-mail address, or of non-receipt of the order confirmation e-mail, MAHA SAS cannot be held liable. In this case the sale will be considered final, except in the case of cancellation of the order by MAHA SAS, in particular for unavailability of the Products. The Customer may nevertheless exercise her/his right of withdrawal under condition 11.
ARTICLE 4 – PRODUCT INFORMATION
The Products governed by these Terms and Conditions are those that appear on the Site and which are indicated as sold and sent by MAHA SAS under the trademark IMPRESSION ORIGINALE. They are offered subject to stock availability. The Products are described and presented with the greatest possible accuracy. However, if errors or omissions have occurred in connection with this description, MAHA SAS shall not be liable. The photographs of the Products are not contractual.
ARTICLE 5 – PRICES & TAXES
MAHA SAS reserves the right to modify its prices at any time but undertakes to apply the rates indicated at the time of the order, subject to stock availability on the date of the order. Prices are quoted in Euros. They do not include delivery costs, which shall be invoiced additionally, and indicated before the validation of the order. The prices include VAT applicable on the day of the order and any change of the VAT rate will be automatically reflected on the price of the Products. Payment of the full price must be made at the time of the order. The sums paid cannot be considered as a deposit or installments. If one or more taxes or contributions, in particular environmental taxes, were to be created or changed, either up or down, this change will be reflected on to the price of the Products.
When shopping within the European Union, the total price will include the price of the Product plus the French VAT; such tax is based on the shipping address and the French VAT rate in effect at the time the Customer purchases the Product.
When shopping outside the European Union, your total price will not include VAT. In this case, the Customer is responsible for any tax she/he may owe to the state indicated on the shipping address, applicable to her/his order.
ARTICLE 6 – PAYMENT
Payment is made exclusively in Euros and is made in full on the day of the actual order. To settle the order, the Customer has at her/his choice all the payment methods made available to her/him by MAHA SAS and listed on the Site. Any payment will be processed by a secure data encryption procedure so that no information transmitted by the Client is intercepted by third parties. The Customer guarantees to MAHA SAS that it has the necessary authorizations to use the method of payment chosen by her/him, when validating the order form. MAHA SAS cannot be held responsible for any fraudulent use of the method of payment used.
ARTICLE 7 – AVAILABILITY OF PRODUCTS
Except in case of force majeure or during the closing periods of the online shop which are clearly listed on the FAQ page of the Site, the delivery times will be, subject to the availability of stock, those indicated below.
ARTICLE 8 – DELIVERY
Shipping terms run from the date of registration of the order indicated on the confirmation email of the order. Delivery times and costs vary depending on the country of destination and the weight of the package. For deliveries to Metropolitan France, the deadline is 1 to 4 working days from the day following the day on which the Customer placed his order and according to the delivery method.
The Products are delivered in France according to the following terms:
Colissimo 1-3 working days / TNT +1 working day / Mondial Relay 3-4 working days.
For international deliveries, the deadline is 8 to 21 working days from the day following the day on which the Customer placed her/his order, depending on the carrier and the country of destination. However, time is not of the essence. Delays are only indicative delays for postal services and MAHA SAS cannot be held responsible for delays in the delivery of deliveries beyond its control. The Customer can follow the progress of the processing of his/her order on the page «Follow-up of my order» in the heading «My account». The Products are delivered to the address indicated by the Customer on the order form, the Customer will have to ensure its accuracy. In case of error in the recipient’s contact details, MAHA SAS cannot be held liable. Any parcel returned to MAHA SAS due to an incorrect or incomplete delivery address will be redirected at the expense of the Customer. If, at the time of delivery, the original packaging is damaged, torn open, the Customer must then check the state of the items. If they have been damaged, the Customer must refuse the parcel and write a reserve on the delivery note (parcel refused because opened or damaged). This verification is considered to have been carried out when the Customer, or a person authorized by her/him, has signed the delivery note.
ARTICLE 9 – DELIVERY MISTAKES
The Customer shall make a complaint to MAHA SAS on the day of delivery or at the latest on the first working day following the day of the delivery, any claim of error of delivery and / or non-conformity of the Products in kind or quality indications on the order form. Any claims made beyond this deadline will be rejected. The complaint must be made by e-mail to the following address firstname.lastname@example.org to assert the problem of delivery. Any complaint not made in accordance with the rules defined above and within the aforesaid period will not be taken into account and will relieve MAHA SAS of any responsibility towards the Customer.
ARTICLE 10 – RISK TRANSFER
The ownership of the Product sold is transferred to the Customer as soon as MAHA SAS has confirmed the order. Consequently, the transfer of ownership of the Products and the risks related thereto are borne by the Customer, upon acceptance of the order by MAHA SAS. Delivery shall be deemed to have been effected upon delivery of the Products ordered by MAHA SAS to the carrier.
ARTICLE 11 – RIGHT OF CANCELLATION
The Customer is responsible for checking the condition of the Products at the time of delivery. In accordance with the French laws and regulations, the Customer has a maximum period of 14 days after the day the Products have been delivered, to notify MAHA SAS that she/he cancels his/her order without having to give any reason. Any complaint made outside this period cannot be accepted.
The Customer shall inform the Customer Service by e-mail to the following address: email@example.com that he wishes to cancel the order.
The costs and risks associated with the return of the Product(s) are borne by the Customer, except in the case of a defective Product. In such a case, the Customer must contact the Customer Service as soon as possible and before returning the Products. The Products must imperatively be returned perfectly protected, with the labels, in their original packaging, in a perfect state of resale and accompanied by the reference of the order to the following address:
LOGISSEO IOR, 12 avenue Jean Joxé M.I.N. – Building D 49100 ANGERS – France
Any item which is returned incomplete, damaged or which has been used, cannot be taken back by MAHA SAS. The return of the Products in perfect condition will entitle the Customer to receive a full refund equal to the purchase price of the Product(s), by credit on the bank account of the Customer who placed the order, within a maximum period of fourteen days from the date on which MAHA SAS is informed of the decision of the Customer to cancel or until delivery of the Products to MAHA SAS, whichever is the latest. MAHA SAS does not offer any exchange. The Customer must return the unsuitable Product and place a new order on the Site.
ARTICLE 12 – CUSTOMER SERVICE
For any information, complaint about the Products of the Site, question or advice, each Customer must contact the Customer Service. The Customer Service is accessible by email: firstname.lastname@example.org, Monday to Friday from 9 am to 6 pm (GMT + 1).
ARTICLE 13 – FORCE MAJEURE
Any circumstances beyond the control of the parties preventing the normal execution of their obligations shall be regarded as grounds for exemption from the obligations of the parties and shall lead to their suspension. The party invoking the circumstances referred to above shall immediately notify the other party of their occurrence and of their disappearance. All acts or circumstances irresistible, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which can not be prevented by the parties, in spite of all reasonable efforts, shall be regarded as force majeure. The following events, in addition to those usually adopted by the French courts and tribunals, are considered as force majeure or unforeseeable circumstances: the blocking of method of transport or of supplies, earthquakes, fires, storms, floods, lightning, shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers. The parties will come together to examine the impact of the event and to agree on the conditions under which the performance of the contract will be continued. If the force majeure lasts for more than three months, these Terms and Conditions may be terminated by the aggrieved party.
ARTICLE 14 – PROPRIETARY RIGHTS
The content of the Site (technical documents, illustrations, photographs, etc.) remains the property of MAHA SAS or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. The Customer agrees not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. Customers undertake not to make any use of this content. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement.
ARTICLE 15 – COMPUTERS AND FREEDOMS
The personal data provided by the Customer are necessary for the processing of his order and the preparation of invoices. They may be communicated to the partners of MAHA SAS responsible for the execution, processing, management and payment of orders. The processing of the information communicated via the Site has been declared to the CNIL. In accordance with the “Informatique et Libertés” Law of 6 January 1978 as amended, the Client has the right of permanent access, modification, rectification and opposition concerning the information concerning him, which he can exercise by emailing MAHA SAS at email@example.com.
The Client may refuse the installation and use of these cookies by configuring her/his browser. Customers are however informed that access to certain services and / or sections of the Site may in this case be altered, if not impossible.
ARTICLE 16 – NON-PARTIAL VALIDATION
If one or more of the provisions of these Terms and Conditions are held to be invalid or declared to be invalid by law, regulation or as a result of a final decision of a competent court, the other stipulations shall retain their full force and their scope.
ARTICLE 17 – NO WAIVER
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these Terms and Conditions cannot be interpreted for the future as a waiver of the obligation in question.
SECTION 18 – TITLE
In case of difficulty of interpretation between any of the titles at the head of the clauses, and any of the clauses, the content of the clauses shall prevail.
ARTICLE 19 – LANGUAGE OF CONTRACT
These Terms and Conditions have originally been drafted in French. In the event of a dispute, only the French version shall prevail.
ARTICLE 20 – MEDIATION
The Customer may use conventional mediation, in particular the Consumer Mediation Commission or the existing sectoral mediation bodies, or any alternative method of alternative dispute resolution (conciliation, for example) in case of dispute.
ARTICLE 21 – GOVERNING LAW AND JURISDICTION
These Terms and Conditions are, to the extent permissible by law, governed by French law. In the absence of a friendly settlement, any dispute relating to their validity, interpretation or enforcement shall be referred to the competent courts.
The website www.impressionoriginale.com is published by MAHA, Les Nouveaux Papiers SAS, with a share capital of 3,500 euros, whose registered office is at 9 rue d’Anjou 49100 ANGERS, France, registered at the French Commercial Register of Companies of Angers under number 819 960 576. The intra-Community VAT number is FR55819960576.
To contact MAHA, the Nouveaux Papiers SAS or for any question concerning the Site www.impressionoriginale.com, you can send an e-mail to the following address: firstname.lastname@example.org.
The editor is Mathilde HABERT.
The Site is hosted by OVH.
This Site has been registered with the French National Commission of Informatics and Liberties (CNIL), registered under the number 1998112.