CLAUSE 1:​​ PARTIES

These general conditions are applicable between the Maison Tindi brand, represented by Sarah KHIRDINE, registered with the RCS of Lyon in France under number 899 051 130, as "Editor" of the Sitehttps://www.maisontindi.fr, whose registered office is located at 42 Avenue Lacassagne, 69003 Lyon, France, which can be reached by telephone at +33753631911 and by e-mail at contact@maisontindi.fr or via the contact form posted on the site, and any natural or legal person, under private or public law, purchasing a product via the Maison Tindi website, hereinafter “the Customer”.

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CLAUSE 2: OBJECT 

The general conditions of sale described below detail the rights and obligations of the Publisher and its Customer in connection with the sale of products offered for sale on the Site www.maisontindi.fr. Each product has a description containing its main information and technical characteristics communicated by the suppliers. The Site Editor reserves the right to modify the assortment of products at any time.

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CLAUSE 3: DEFINITIONS

“Client”: any person, natural or legal, under private or public law, registered on the Site.

“Editor”: Maison Tindi represented by Sarah MAOULIDA as Site Editor and seller. 

“Internet user”: any person, natural or legal, under private or public law, browsing the Site.

“Product”: property and merchandise of any kind sold on the Site by the Publisher to Customers.

“Site”: website accessible at the URL www.maisontindi.fr, as well as the sub-Sites, Mirror Sites, portals and variations of URLs belonging to the Site. 

"Delivery": refers to the transport of the products ordered by the customer to the delivery address indicated when ordering.

"Delivery Date": refers to the date on which the Customer receives his package. 

“CGV”: refers to the general conditions of sale.

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CLAUSE 4: ACCEPTANCE OF THE T&Cs

The Customer declares to have full legal capacity, allowing him to engage under these general conditions of sale. The Customer agrees to carefully read these T&Cs before proceeding with the purchase of products via the Site. As soon as the Customer proceeds to the payment of his order, he acknowledges having read, understood and accepted these T&Cs without reservation or condition prior to his order.

The Publisher retains the possibility of modifying these conditions of sale at any time, in order to comply with any new regulations or in order to improve the use of its site. Therefore, the applicable conditions will be those in force on the date of the order by the Buyer.

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CLAUSE 5: PRICE 

The prices of the products sold are those in effect on the day the order is taken. They are denominated in euros and calculated excluding taxes in accordance with the provisions of article 293B of the general tax code and excluding delivery costs. Consequently, delivery costs will be applicable in addition to the price of the products on the day of the order. They will be indicated before the final validation of the order by the Customer. 

Maison Tindi reserves the right to modify its prices at any time. However, it undertakes to invoice the products ordered at the prices indicated when the order is registered.

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CLAUSE 6: TERMS OF PAYMENT

The payment of orders is made:​

• either by bank card;

• either by Paypal;

• or by cash when the order is hand-delivered to the Customer.

In the context of credit card payments, the Publisher has no access to any data relating to the Customer's means of payment. Payment is made directly to the bank.

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CLAUSE 7: DEFAULT OF PAYMENT

7.1. Late payment

The agreed payment dates may not be delayed for any reason whatsoever, including in the event of a dispute.

EIn the event of total or partial non-payment of the products delivered on the day of receipt, the latter must pay the company "Maison Tindi" by right and without formal notice a late payment penalty equal to three times the legal interest rate, without this penalty affecting the payment of the sums due. Note that theThe rate of legal interest retained is that in force on the day of delivery of the products.

In addition to late payment compensation, any sum, including the deposit, not paid on its due date will automatically produce the payment of a lump sum compensation of 40 euros due for recovery costs. (Articles 441-6, I paragraph 12 and D. 441-5 of the Commercial Code.)

7.2. Cancellation clause

If within fifteen days following the implementation of the "Late payment" clause, the Customer has not paid the sums remaining due, the sale will be automatically canceled and may give rise to the right to compensation for damages. and interests for the benefit of the Maison Tindi company.

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CLAUSE 8: ORDER STEPS

8.1. Product Selection 
The first step before placing an order is to browse the site to discover the different Products. Internet users are invited to carefully read the description of each Product that interests them. They can then select one or more Products and add them to their basket. When their selection is complete, they can access their basket by clicking on the button provided for this purpose.
8.2. Verification and validation of the order by the Internet user
By consulting their shopping basket, Internet users will have access to a general summary of the Products they have selected, in which will appear the nature of each Product, the quantities chosen, their unit price, as well as their overall price. They will have the possibility to modify the quantities for each product and to delete one or more Products from their basket. They can also choose the delivery method that suits them on the same page. Delivery costs are set by the carrier and vary according to the total weight of the order and the means of transport chosen. 

Internet users are invited to check their order before confirming it.

8.3. Payment by the Customer
Before proceeding to payment of the order, Customers must provide their exact delivery and billing details and verify them. After which, they can choose the payment method they wish to use and be redirected to this effect on the chosen secure payment interface.

8.4. Retention of title
The Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause. As such, the company Maison Tindi reserves the right to claim, within the framework of the collective procedure, the Products sold and remained unpaid.

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CLAUSE 9: SHIPPING AND DELIVERY

Upon confirmation of payment, the order is shipped within 48/72 hours (excluding weekends and public holidays).

Deliveries are made to the address indicated on the order form, which can only be in the agreed geographical area.

​The Customer is solely responsible for the accuracy of the delivery details he provides. For this, the Publisher asks the Client to carefully check the information he gives him in order to avoid errors. A false delivery address will result in additional shipping costs which will be borne by the customer. In the event that the Customer does not wish the parcel to be reshipped following an error in the delivery address communicated to the Publisher, his order will be refunded to him but the shipping costs incurred for his initial shipment will not be returned._cc781905 -5cde-3194-bb3b-136bad5cf58d_

The Customer chooses the means of transport that suits him to deliver his order. The carriers are:

• La Poste via COLISSIMO, delivery without signature;

• Relay package;

• Chronopost Shop2shop.

The Customer will receive an email containing a link as well as a tracking number to follow the Delivery of his package. The Customer is responsible for tracking his package and must check his e-mails and be vigilant against SPAMS. If the Customer chooses delivery to a relay point via Relais Colis or Chronopost, he must collect his parcel within the time allowed, otherwise the parcel will be returned to our warehouse. In the event that the customer does not collect his package at the relay point or at the post office, the shipping costs will not be refunded. 

Delivery times are given for information only. Consequently, any reasonable delay in the delivery of the products cannot give rise to the benefit of the Customer to the allocation of damages and interest.'cancellation of the order. On the other hand, if these exceed thirty days from the Order Date, the sales contract may be terminated and the Customer reimbursed in full. The Customer is delivered to his home. In case of absence, the Customer will receive a delivery notice from the delivery person, which allows him to collect the products ordered from the nearest post office, for a period indicated by the postal services.

Deliveries will be made within thirty (30) days maximum. Failing this, in the event of non-delivery within this period, the Customer will be reimbursed the total amount including taxes and delivery costs, without undue delay, to the means of payment used by the Customer during the purchase._cc781905-5cde- 3194-bb3b-136bad5cf58d_

The shipping, delivery and return methods are accessible at the bottom of each page of the Site via a hypertext link entitled "Delivery and return". 

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CLAUSE 10: PACKAGING

The Products will be packaged in accordance with the transport standards in force, in order to guarantee maximum protection for the Products during Delivery. Customers undertake to respect the same standards when returning Products under the conditions set out in the Withdrawal Policy.

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CLAUSE 11: RISKS RELATED TO TRANSPORT

The risk of transport is borne by the Customer from the moment the Products are in his possession. The Customer is therefore required to check, in the presence of the La Poste employee, the delivery person or the merchant, the condition of the packaging of the parcel on delivery. If necessary, the Customer must inform the carrier and the Publisher in the event of damage or partial loss of the package within 3 days from the Delivery Date, in accordance with Article L133-3. The Customer must send photo proof of the condition of the exterior and interior package so that the Publisher can inform the carrier. After this period, no dispute can be opened with the Publisher. The Customer chooses either to have the damaged products returned to him or to be refunded. 

11.1. Delivery by Colissimo:

- If the Customer finds that the packaging is damaged on home delivery by the postman, he must either:

• report it to the postman so that he can record his observation;

• refuse to accept the parcel.

- If the Customer is absent during the Delivery by the postman, if he receives his package from a neighbor or in his mailbox and he finds that the packaging of the package has deteriorated during transport, he must it is imperative to report it and bring it to a post office no later than the working day following Delivery so that the package can be returned to the Publisher. 

11.2. Relay delivery:

If the Customer notices that the packaging of the parcel is damaged or torn, he must indicate this to the merchant and refuse the parcel. Complaints made after the delivery and delivery of the package cannot be taken into account.

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CLAUSE 12: BILLING

The Publisher will send and make available to the Customer an invoice electronically after payment of his order. The Customer expressly agrees to receive invoices electronically.

In the exceptional case where the Customer wishes to receive his invoice in paper format, he must specify this in the "note" box when validating the order or contact the Publisher via the online form, by email, or by whatsapp before shipment of the package. This will be sent to the chosen billing address. 

 

CLAUSE 13: WITHDRAWAL 

Under Article L221-18 of the Consumer Code, the Customer has a period of fourteen working days from the Delivery Date of his order to exercise his right of withdrawal when a contract is concluded. The Customer must return the Product(s) to the Publisher without undue delay and within a maximum period of fourteen working days from the date on which he makes his request for withdrawal, for exchange or refund. without penalty, of the totality of the sums paid. The shipping costs related to the return of the Product(s) will be borne by the Customer. The Publisher is not required to reimburse the additional costs if the consumer has expressly chosen a more expensive delivery method than the standard delivery method offered by the Editor. Whatever the mode of transport chosen for the delivery, the return must be made to the Publisher's postal address only. The tracking number must be sent to the Publisher as soon as the package is sent. Without communication of this tracking number, the Publisher cannot be held responsible if the package has not been delivered to it.

The withdrawal must be notified to the Publisher at the contact details indicated in Clause 1 of these general conditions by means of a clear and unambiguous declaration. The Customer can use, for example, the contact form available on the Site. In any case, the Publisher will send the Customer an acknowledgment of receipt of said withdrawal by email as soon as possible. The Publisher will acknowledge receipt and confirm its request. 

In this notification of withdrawal, the Customer must mention the following information: 

For the attention of [name of the Publisher], [postal address and city of the Publisher], [if necessary telephone or email of the Publisher]

I hereby notify you of my withdrawal from the contract relating to the sale of the goods below:

Ordered on (*)/received on (*):

Client name :

Customer address:

Date :

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Article L221-24 of the Consumer Code specifies that thePublisher may defer reimbursement until recovery of the Product(s) under the conditions listed below. The Publisher reimburses the Customer for all sums paid, without penalty, using the same means of payment as that used by the Customer for the initial transaction.  

However, it is expressly reminded that the exchange or refund can only be made under the following conditions:

- Return packages must be packaged in the correct manner and in the same conditions in which you received them. The refund will be canceled in the event that the returned products arrive damaged or broken due to non-compliance of the packaging. 

- The Products must be returned in good condition and packaged in their original packaging, accompanied by their labels. 

- Damaged Products, showing signs of use, washed, returned without their original labels or which are not returned in their original packaging,​ will not be eligible for a refund .

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CLAUSE 14: WARRANTIES​

Customers have a legal guarantee of compliant delivery (article 1604 of the Civil Code), a legal guarantee against hidden defects (articles 1641 et seq. of the Civil Code) and a security guarantee (articles 1245 et seq. . of the Civil Code). 

Customers who are consumers also have a legal guarantee of conformity (articles L. 217-4 et seq. Consumer Code). The Customer can engage his legal guarantee by contacting the Publisher via his online contact form or by email. 

14.1. Legal guarantee of conformity:
in accordance with articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 of the Consumer Code, the Publisher has the obligation to deliver goods that comply with the contract and to respond to defects of conformity existing during the delivery of the good. 
It is brought to the attention of the Customer that the Products of a craft nature offered for sale on the Site may present irregularities and characteristics specific to the natural materials used for their design. These characteristics may be subject to variations in fibers, texture, or color. These variations can in no way be considered as defects or damages and must be accepted as part of the intrinsic aspect of these Products.
In accordance with article L217-5 of the Consumer Code: "To comply with the contract, the goods must:
1) Be specific to the use usually expected of a similar item and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect given the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;​
2) Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted.

• The guarantee of conformity can be engaged in the following cases: 

– manufacturing defects or defects resulting from the installation made by the Publisher or under its responsibility;

– defects in assembly instructions;

– defects arising from the packaging;

– characteristics or quality that do not correspond to the presentation of the purchased product (with reference to the order form, a sample, the seller's or manufacturer's documentation, advertising, etc.).

• It is not possible to engage this guarantee in the following cases:

- when the good undergoes wear due to prolonged use;​

- if the Customer is aware of the existence of such a defect or in cases where he could not have been unaware of it at the time of purchase;

- if additions to materials or colors or any other modification have been made by the Customer, and a defect appears.

- if the defects are the result of improper installation, storage, storage or assembly, lack of maintenance, improper use or use that does not comply with the technical specifications or use, damage caused by external objects such as accidents, shocks, fires, acts of vandalism, water damage, natural disasters or bad weather.

In the event of implementation of the legal guarantee of conformity, it is recalled that:

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

- the Customer can choose between the repair and the replacement of the good, subject to the cost conditions provided for by article LL 217-17 of the consumer code,

- if the repair or the replacement of the good is impossible or if they cannot take place within one month following the complaint, the Customer can return the product against a total refund (unless the lack of conformity is minor) or keep the Product and receive a partial refund;

- the Customer is exempted from providing proof of the existence of the lack of conformity of the Product during the 24 months following the delivery of the goods.

14.2. Guarantee against apparent defects and faults

It is the Customer's responsibility to check that the Products are in good condition at the time of delivery. This verification must in particular relate to the quality, quantities and references of the Products as well as their conformity with the order. No complaint will be taken into account after a period of three days from delivery. In any case, any complaint concerning the delivered parcels will only be taken into account if the Customer having the quality of merchant has expressed reservations to the carrier in accordance with articles L. 133-3 and following of the Commercial Code.

Under article 1642 of the Civil Code, the Publisher is not liable for apparent defects of which the buyer has been able to convince himself.

14.3. Warranty against defects and hidden defects

Under this guarantee, the Publisher is responsible for the hidden defects of the Product that it sells on the Site. These are hidden defects existing at the time of purchase (which excludes, for example, normal wear and tear) and which render the product unfit for the use for which it is intended or diminish it so much that you would not have it bought or at a lower price. 

The warranty against hidden defects cannot be claimed for goods including, for example, non-visible defects, but which were expressly brought to your attention by the Publisher at the time of the sale. 

In the event of implementation of the guarantee against hidden defects, it is recalled that:  

- the Customer benefits from a period of 2 years from the discovery of the hidden defect;

- the Customer can choose between returning the product for a full refund or keeping the Product and receiving a partial refund;

- the Customer must imperatively provide proof of the existence of the hidden defect.

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CLAUSE 15: PUBLISHER'S RESPONSIBILITY

15.1. Nature of the Publisher's obligations

The Publisher undertakes to take the care and diligence necessary to supply quality Products that comply with the specifications of these General Conditions. Its liability cannot be engaged for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service interruption, or other involuntary problems. The Publisher will also not be liable in the event of force majeure or fault of the Customer, as defined below:  

15.2. Force majeure and fault of the Client

15.2.1. force majeure

The responsibility of the Publisher cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in these general conditions of sale results from a case of force majeure. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code. If the case of force majeure lasts longer than one (1) month, the Publisher may not honor the order, subject to reimbursing the Customer, where applicable, for the sums paid by him for the order concerned. .

15.2.2. Client's fault

The Customer is held responsible for the faults and errors that he commits while using the Site, in particular in the event of negligence, omission or failure on his part, non-compliance with the advice given by the Publisher on his Site, any disclosure or use unlawful use of the Customer's password, codes and references, as well as the provision of incorrect information or the lack of updating of the latter in his personal space. Will also be considered as a fault of the Customer the implementation of any technical process, such as robots, or automatic requests, the implementation of which would contravene the letter or the spirit of these general conditions of sale.

15.3. Technical issues - Hyperlinks
In the event of impossibility of access to the Site, due to technical problems of any kind, the Customer may not claim damages and may not claim any compensation. The unavailability, even prolonged and without any time limit, of one or more online services, cannot constitute a prejudice for the Customers and cannot in any way give rise to the granting of damages from The Editor. 

The hypertext links on the Site may refer to other websites. The Publisher cannot be held liable if the content of these sites contravenes the legislation in force. Similarly, the Publisher cannot be held liable if the Internet user's visit to one of these sites causes him harm. 

In the current state of the art, the rendering of the representations of the Products offered for sale on this Site, particularly in terms of colors or shapes, may vary significantly from one computer station to another or differ from reality depending on the quality of the graphic accessories and the screen or according to the resolution of the display. These variations and differences can in no way be attributed to the Publisher, which can in no way be held liable for this fact.
15.4. Damages payable by the Publisher
In the absence of legal or regulatory provisions to the contrary, the Publisher's liability is limited to the direct, personal and certain damage suffered by the Customer and linked to the failure in question. The Publisher cannot under any circumstances be held liable for consequential damages such as, in particular, loss of data, commercial damage, loss of orders, damage to brand image, commercial disturbances and loss of profits or of customers. Similarly and within the same limits, the amount of damages charged to the Publisher may not in any event exceed the price of the Product ordered.

15.5. Hypertext links and content of the Site

The Contents of the Site are published for information only, without guarantee of accuracy. The Publisher cannot under any circumstances be held responsible for any omission, inaccuracy or error contained in this information and which would be the cause of direct or indirect damage caused to the Internet user.

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CLAUSE 16: INTELLECTUAL PROPERTY 

Under applicable copyright laws, all of the elements available on the Site, whether visual, audio or textual, are protected and remain the exclusive intellectual property of Maison Tindi. The use, reproduction or exploitation, in any capacity whatsoever, even partially, of the elements of the Site are strictly unpublished. Users can download, print or save parts of the content, on the sole condition that these same parts are used for strictly personal and non-commercial use, except with the written consent of the Publisher.

Any natural or legal person publishing a Website and wishing to create a hypertext link redirected to the Site must request the Publisher's authorization in writing and will receive an authorization or a refusal as soon as possible. Hypertext links to the Site that use techniques such as framing or insertion by hypertext links (in-line linking) are strictly prohibited.

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CLAUSE 17: COMMENTS AND OTHER SHARING

The Customer can contribute to the content of the Site at any time by posting comments on their order or on their shopping experience with Maison Tindi or by sharing images via social networks or on the Sites. These elements will be processed beforehand and validated by the Publisher. The Client undertakes not to make vulgar or racist remarks, or to use any other language of a violent nature in his comments.

If the Client decides to share comments, creative ideas, transfer photos, suggestions or any other disclosed submissions, whether by e-mail, mail, social networks, he grants the right to the Publisher, who may dispose of it free of charge, at any time and without restriction. The Publisher is not bound and will not be under any obligation to maintain the confidentiality of the comments or other elements shared with Maison Tindi and therefore will not pay the user any indemnity or compensation.

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CLAUSE 18: TELEPHONE SOLICITATION

The Customer can register for free on the list of opposition to canvassing, provided for in Article L223-1 of the Consumer Code, on the websitewww.bloctel.gouv.fror by post addressed to Société Opposetel, Service Bloctel – 6, rue Nicolas Siret – 10 000 Troyes. Any person registered on this list cannot be canvassed by telephone, except in the event of pre-existing contractual relations. 

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CLAUSE 19 : PROTECTION OF PERSONAL DATA 

The Customer acknowledges having read the information related to the protection of his personal data accessible in the tab"Privacy Policy"present at the bottom of each page of the Site which details on:

- the type ofinformation collected;

- how the information is collected;

- who has access to this information;

- why and in what context this information is collected;​

- the storage and protection of this information;

- how long this information is kept​;

- the rights of Internet users and Customers regarding the collection and processing of their personal information.

The Publisher may modify the privacy policy if new laws come into force or if the latter evolve. For this reason, the Customer is invited to read them again each time they are used.

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CLAUSE 20: FINAL STIPULATIONS

20.1. Changes to these Terms and Conditions

The Maison Tindi company retains the possibility of modifying these conditions of sale at any time, in order to comply with any new regulations or in order to improve the use of its site. Therefore, the applicable conditions will be those in force on the date of the order by the Customer.

20.2. Dispute settlements
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law. However, before any legal action, preference will be given to negotiation with a view to reaching an amicable agreement. The party wishing to implement the negotiation process must inform the other party, indicating the elements of the conflict in order to reach a solution. 

20.2.1. The Commercial Court

In the absence of an amicable resolution between the two parties, the dispute will be brought before the Commercial Court of Lyon. Dispute resolution information is available on the European Commission's online platform accessible at URL: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN

20.2.2. Consumer mediator

In accordance with the provisions of Articles L616-1 and R616-1 of the Consumer Code, any dispute which could not be resolved beforehand amicably between the parties may be submitted to a consumer mediator. The Customer may use the Medicys service free of charge.  

Site:www.medicys.fr

Contact:  contact@medicys.fr

Address: 73 boulevard de Clichy, 75009 Paris

20.3. Non-waiver

The lack of exercise by the Publisher of the rights which are granted to it by the present can in no way be interpreted as a waiver to assert the said rights.

20.4. Unfair terms

The stipulations of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.

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