b) Availability

The availability period is indicated when the Customer consults the stock. 

If the product ordered is unavailable, the Customer will be informed as soon as possible and will have the option of cancelling the order. The Customer will then have the option of requesting a refund of the sums already paid, at the latest within thirty (30) days of payment, or an exchange of the product. If an exchange is not possible, our company reserves the right to cancel the order and refund the sums paid.

c) Delay

If the availability or delivery deadline is exceeded, and if this is not due to force majeure, the Customer must give formal notice to our company to deliver it within a reasonable additional period, by registered letter with acknowledgement of receipt. 

The sale will be considered cancelled if the goods are not made available or delivered before receipt of the registered letter by our company. The product(s) will be reimbursed as soon as possible and no later than 14 days following the Customer's request for cancellation.

d) Transfer of risk

Delivery is deemed to have taken place when the goods ordered are made available to the Customer by the carrier. This is evidenced by the Customer signing the delivery note.

The product(s) ordered travel(s) at the sender's risk; it is therefore the Customer's responsibility, in the event of damage, to make all necessary observations and return the goods to the sender in accordance with the procedure described below.

e) Delivery terms

i) Delivery means the transfer to the consumer of physical possession or control of the goods. Delivery only takes place after confirmation of payment by the seller's bank.

ii) Products ordered are delivered according to the terms and conditions presented on the site.

iii) Products are delivered to the address indicated by the Customer on the order form; the Customer must ensure that this address is correct. Any parcel returned to the seller because of an incorrect or incomplete delivery address will be re-sent at the Customer's expense. The Customer may, on request, have an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

iv) If the Customer is absent on the day of delivery, the delivery person will leave a calling card in the letterbox, which will allow the Customer to collect the parcel from the place and within the time period indicated. 

v) If, at the time of delivery, the original packaging is damaged, torn or open, the Customer must check the condition of the items. If they have been damaged, the Customer must refuse the parcel and note a reservation on the delivery note (parcel refused because opened or damaged).

vi) The Customer must indicate on the delivery note and in the form of handwritten reservations accompanied by his/her signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged parcel, broken products, etc.). 

This verification is considered to have been carried out once the Customer, or a person authorised by the Customer, has signed the delivery note.

The Customer must then confirm these reservations to the carrier by registered letter no later than two working days following receipt of the item(s) and send a copy of this letter by fax or ordinary mail to the seller at the address indicated in the legal notices on the site.

vii) If the products need to be returned to the seller, a request for their return must be made to the seller within 7 days of delivery. Any claim made after this deadline will not be accepted. Products may only be returned in their original condition (packaging, accessories, instructions, etc.).

10) Delivery errors

i) The Customer must contact our Company, on the day of delivery or, at the latest, on the first working day following delivery, any claim of error in delivery and/or non-conformity of the products in kind or in quality compared to the information given on the order form. Any claim made after this deadline will be rejected.

ii) The claim may be made, at the Customer's option :

(1) E-mail address : {equipe@masaison.com}.

iii) Any claim not made in accordance with the rules set out above and within the time limits set will not be taken into account and will exonerate the claimant. our company from any liability to the Customer. 

iv) On receipt of the claim, our company will allocate an exchange number for the product(s) concerned and will send it to the Customer by e-mail. A product can only be exchanged once the exchange number has been allocated.

v) In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to our company in its entirety and in its original packaging, to the following address  {36 Boulevard de Strasbourg }, {34000} {Montpellier}.

vi) In this case, the cost of returning the goods shall be borne by our company.

11) Legal guarantee 

Our company is the guarantor of the conformity of the goods with the contract, enabling the Customer to make a claim under the legal guarantee of conformity provided for in articles L.217-4 et seq. of the French Consumer Code or the guarantee of defects in the goods sold within the meaning of articles 1641 et seq. of the French Civil Code.

In the event that the legal guarantee of conformity is invoked, please note that :

- the Customer has a period of 2 years from delivery of the goods to take action;

- the Customer may choose between repairing or replacing the goods, subject to the cost conditions set out in Article L.217-17 of the French Consumer Code;

- the Customer is exempt from having to prove the existence of the lack of conformity of the goods during the 24 months following delivery of the goods. For second-hand goods, this period is 6 months.

The Customer may also decide to invoke the guarantee against hidden defects in the item sold under article 1641 of the French Civil Code, allowing him/her to choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.

12) Commercial warranty

i) Vouchers sent by Masaison can be used for 6 months on all Products offered on the Site. Vouchers cannot be combined with each other or with promotional codes.

ii) Promotional codes only apply to non-rebated base prices. Promotional codes cannot be combined with each other or with vouchers. Promotional codes can be used once per Client account unless otherwise instructed by Masaison. These codes are not refundable during an exchange.

13) Right of withdrawal 

a) Withdrawal period

i) In accordance with articles L.221-18 et seq. of the French Consumer Code, the Customer has a period of fourteen (14) days to exercise his/her right of withdrawal, starting from the day after receipt of the goods by the Customer or by a third party, other than the carrier, designated by the Customer or from the day after subscription to the loyalty programme on the site.

ii) In the case of an order for several goods delivered separately or in the case of an order for a good made up of multiple batches or parts whose delivery is staggered over a defined period, the period runs from receipt of the last good, batch or part.

b) Contracts not covered by the right of withdrawal

The right of withdrawal cannot be exercised in the following cases: 

     Contracts for the supply of goods made to the consumer's specifications or clearly personalised (special orders);

    Contracts for the supply of goods likely to deteriorate or expire rapidly;

   Contracts for the supply of audio or video recordings or computer software where they have been unsealed by the consumer after delivery;

   Contracts for the supply of services which have been fully performed before the end of the withdrawal period and where performance has begun with the consumer's express prior agreement and express waiver of his right of withdrawal;

    Contracts for the supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period;

    Contracts for the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;

  Contracts for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

     Contracts for the supply of goods which, after delivery and by their nature, are inseparably mixed with other items;

   Contracts for the supply of alcoholic beverages where delivery is deferred for more than thirty days and where the value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader.

c) Return of the goods by the Customer

The Customer shall return the goods to our company within 14 days at the latest of notification of withdrawal in accordance with the procedures defined on the site.

d) Customer reimbursement

–       Our company may defer reimbursement until the goods have been recovered or until the Customer has provided proof that the goods have been dispatched. The refund will be made by our company by using the same means of payment as that used by the Customer for the initial transaction.

ii) Limitations on the right to reimbursement

- In addition to the cases set out above, the Customer may be held liable in the following cases our company in the event of :

   deterioration of goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods;

    for any damage caused to the product from the moment the Customer receives the goods until they are returned;

    the incomplete return of the goods and their accessories without their packaging, instructions and documentation.

- In such cases, the sum that may be deducted from the refund of the product requested by the Customer may amount to :

       100% of the price of the good in the event of a damaged product   50% of the price of the goods if the accessories are not returned

14) Liability

Site access is provided by https://www.masaison.com. Our company does not guarantee users that the site, which is subject to constant research to improve its performance and progress, will be totally free of errors, defects or faults, or that the site, being standard and in no way offered for the sole intention of a given user according to his or her own personal constraints, will specifically meet his or her needs.

Our company does everything in its power to ensure that the site remains accessible and functions properly at all times.

However, given the limitations of the Internet, Our company cannot exclude the possibility that access to and operation of the site may be interrupted, in particular in the event of force majeure, malfunctioning of the user's equipment, malfunctioning of the user's Internet network, or maintenance operations intended to improve the site and its functionalities. In the same way, a constraint linked to the host, as in the case of maintenance, having repercussions on the accessibility of the site, cannot entail the liability of our company.

Our company does not guarantee the absence of technical problems, compatibility with a particular configuration and/or hardware, or a deadline for putting the site online, and cannot be held responsible for malfunctions linked to the use of ancillary software.

As a result, our company cannot be held responsible for any interruption to the site, whether voluntary or involuntary, although it undertakes to do its utmost to limit any interruptions for which it is responsible.

The user expressly accepts that Our company shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages, etc., as well as for any loss of profits or revenues, that may be incurred by the user directly or indirectly related to : 

- access to or use of the Site;

- the User's inability to access or use the Site;

- any behaviour or content submitted, published or posted on the Site;

- any unauthorised access, use or alteration of the User's transmissions.

15) Force majeure

Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions shall be considered as grounds for exoneration from the obligations of the parties and shall result in their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.

Force majeure" means any irresistible event or circumstance that is external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the parties, despite all reasonable efforts to do so. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the case law of French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunications networks or difficulties specific to telecommunications networks external to customers.

The parties will meet to examine the impact of the event and agree the conditions under which performance of the contract will continue. If the force majeure event lasts for more than three months, these general terms and conditions may be terminated by the injured party.

16) Intellectual property

The content of the website (technical documents, drawings, photographs, etc.) remains the property of the seller, who alone holds the intellectual property rights to this content.

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 of copyright.

17 Personal data

i) The "Masaison" brand and its derivatives and variations, logos, graphic charter, layout, information, presentation and content of the Site are the exclusive property of Masaison. The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, trademarks, databases, etc.) relating to the Site are also protected by all intellectual property rights or database producers' rights in force, of which Masaison is the sole holder or rights holder. Any disassembly, decompilation, decryption, extraction, reuse, copying and more generally any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the prior written authorisation of Masaison is strictly prohibited and may be subject to legal proceedings.
Any reproduction or representation, in whole or in part, of the Site or its component parts, such as, but not limited to, the trademarks, logos, graphics, layout, information, presentation and content of the Site, is prohibited.
Browsing the Site does not imply any transfer of intellectual property rights to the User. Masaison grants the User the right to access and consult the Site solely in accordance with the terms and conditions set forth in these GTC. The Site is equipped with the technology necessary for its access and use, but the presence of viruses or other harmful elements, introduced by any means or by any third party, which may alter the User's computer systems, cannot be excluded. Masaison offers no explicit or implicit guarantee as to the operation of the Site, in particular any technical problems that may arise.

ii) Masaison shall not be held liable for the obligations of these GTC if the non-performance of its obligations is attributable to the act of a third party, even if foreseeable, to the fault of the Customer, or to the occurrence of an event of force majeure as defined by the French courts and article 1218 of the Civil Code, or to any other event that was not reasonably under the exclusive control of Masaison.
It is agreed that in the event that Masaison's liability is called into question, whatever the basis and/or nature of the action, only direct and foreseeable damage may give rise to compensation. Thus, all indirect, consequential and/or incidental damages, such as, for example, a commercial disturbance, loss of clientele, etc., will not entitle the User to compensation. In any event, Masaison's liability in the event of prejudice caused to the Customer, for any reason whatsoever, is expressly limited and may under no circumstances exceed the total amount, exclusive of tax, of the Customer's Order made hereunder.

iii) The Customer undertakes to use the Products in strict compliance with the instructions for use provided by Masaison. Consequently, Masaison shall not be held liable in the event of non-compliant use of the Products by the Customer or a third party.

18) Partial non-validation

If one or more stipulations of these general terms and conditions of sale are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.

19) Non-waiver

The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.

20) Mediation

The Customer may have recourse to conventional mediation, in particular with the Commission d'évaluation et de contrôle de la médiation de la consommation (CECMC) or with existing sectoral mediation bodies, or to any alternative dispute resolution method in the event of a dispute.

21) Applicable law

These general terms and conditions are subject to French law, to the exclusion of the provisions of the Vienna Convention. This applies to both substantive and formal rules. In the event of a dispute or claim, the Customer shall first contact the seller to obtain an amicable solution.

22) Competent court

In the absence of an amicable agreement, any disputes that may arise concerning the validity, interpretation, performance or non-performance, interruption or termination of this contract will be referred to the Montpellier Commercial Court.

 APPENDIX 1 - Provisions relating to legal guarantees

Article L.217-4 of the Consumer Code 

The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity at the time of delivery.

He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation, where the latter was his responsibility under the contract or was carried out under his responsibility.

Article L.217-5 of the French Consumer Code 

The goods conform to the contract:

1° Whether it is fit for the use ordinarily expected of similar goods and, if so :

- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;

- it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L.217-12 of the French Consumer Code  

Any action arising from a lack of conformity must be brought within two years of delivery of the goods.

Article L.217-16 of the French Consumer Code  

When the buyer asks the seller, during the period of the commercial guarantee granted to him at the time of the purchase or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days is added to the duration of the guarantee which remained to run.

This period runs from the date of the purchaser's request for service or from the date on which the goods in question are made available for repair, if the goods are made available after the request for service.

Article 1641 of the French Civil Code 

The seller is liable for any hidden defects in the item sold that render it unfit for its intended use, or that impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he or she been aware of them.

Article 1648 of the French Civil Code

Any action arising from redhibitory defects must be brought by the purchaser within two years of discovery of the defect. 

In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller may be relieved of the defects or apparent lack of conformity.