Terms and Conditions of Sale

1.  Preamble

 1.1 Legal Notice

Welcome to the MAISON CASTILLE universe!

Consultation of the website https://www.maisoncastille.com here in after referred to as “MAISON CASTILLE” implies acceptance without reservation of these Terms and Conditions of Sale.

The publisher of the online service MAISON CASTILLE is SAS LVSH registered with the RCS of Rouen under the number 851 085 384 and whose head office is located at 57, rue Pasteur 76240 LE MESNIL-ESNARD- FRANCE.

Subject to VAT in accordance with the provisions of the General Tax Code. 

The Director of the publication of the site MAISON CASTILLE is Mrs V.SOUBRANE.

Mail : contact@maisoncastille.fr 

The site MAISON CASTILLE is hosted by INFOMANIAK NETWORK SA, SA of 102 000 CHF, registered with the RCS of Geneva in Switzerland

CHE-103.167.648 , having its registered office at 25, rue Eugène Marziano, 1227 GENEVA , taken in the person of its legal representative.  

 1.2 Subject

The GCS are intended to inform any prospective buyer on the terms and conditions under which MAISON CASTILLE proceeds with the sale and delivery of products ordered and to define the rights and obligations of the parties in connection with the sale of products by MAISON CASTILLE to the consumer (here in after the “Customer”).

By placing an order for a product on the Site, the Customer acknowledges, by ticking a box provided for this purpose, having read the GCS before placing the order and having accepted them without restriction.

The General Terms and Conditions of Sale are supplemented by the “Personal Data & Cookies” charter.

By placing an Order, you accept these Terms and Conditions of Sale and the Personal Data & Cookies charter.

 1.3 Consent and Agreement on Evidence

The fact of accepting the General Terms and Conditions of Sale by clicking on the acceptance button proposed to you implies that :

You declare to MAISON CASTILLE to be of age and have the capacity, within the meaning of Articles 1108 and following of the Civil Code, to validly subscribe to the Terms and Conditions of Sale.

You agree that proof of your contractual commitments can be provided by the electronic records provided by the company MAISON CASTILLE. 

 1.4 Duty to advise and warn

You acknowledge that you have been informed and warned by the company MAISON CASTILLE about the rules of use of the Site and advice on the use and maintenance of products offered by the site. Therefore, the company MAISON CASTILLE can not guarantee the misuse of a product for any particular purpose that you might expect.

Delivery times depend exclusively on the means of shipment that you determine at the time of ordering, which is free to set the prices. Nevertheless, if you feel that you are a victim of abuse, please inform us via the “contact” tab or at the following e-mail address: contact@maisoncastille.fr, so that we can take the measure of your complaint. 

 1.5 Language and Governing Law

THE GENERAL CONDITIONS OF SALE ARE SUBJECT TO FRENCH LAW, BOTH FOR THE RULES OF FORM AND FOR THE RULES OF SUBSTANCE. In the event that the Terms and Conditions are translated or presented on the site in a foreign language, only the French language version of the Terms and Conditions applicable between you and the company MAISON CASTILLE will be authentic.

Any dispute relating to the execution of the General Terms and Conditions of Sale will be under the jurisdiction of the Courts of ROUEN.

2 .Definitions

 2.1 Invoice address

Refers to the address at which will be invoiced the Product(s) purchased on the site MAISON CASTILLE, and designated as such by the client. 

 2.2 Shipping address

Refers to the address where the client has chosen to have the Product(s) ordered delivered to, as designated by the client. 

 2.3 Shop

Designate the sales area in which MAISON CASTILLE will make available on the Site, its products, and which can be purchased under the conditions provided by each product sheet, by registered members or customers.

 2.4 Order

Refers to the Products chosen by the Customer and invoiced by MAISON CASTILLE which will be delivered at the period defined by the Customer under the conditions defined by the Site. 

 2.5 Terms and conditions sales MAISON CASTILLE

Refers to the conditions freely set by MAISON CASTILLE the sale of models of its Shop or its Shop

 2.6 Terms and Conditions of Use

Refers to the contractual provisions governing the site MAISON CASTILLE and accepted by the Customer, who wishes to make orders on the site. The General Conditions of Use of the Site are permanently accessible from the Internet pages of the Site, or printable. 

 2.7 Account

Refers to all the identifiers and personal data or name (delivery address, billing address, telephone number, etc.) of the site’s customers. 

The user’s account is accessible via the computer tool in accordance with the connection methods described above. 

 2.8 Creations & Products

Refers to products that will be offered for sale by MAISON CASTILLE in their shop, material or immaterial, and which can be customized and delivered to the delivery address, according to the provisions of the Civil Code and the Code of Intellectual Property. 

 2.9 Maison Castille

Refers to the Site accessible free of charge at https://www.maisoncastille.com and offering the public a range of products and creations.  

2.10.Registered members

Refers to any Visitor, who by means of the registration form presented in the General Conditions of Use, will have communicated the information requested in order to become a person identified on the Site, by a Login and password, an e-mail address, and whose details will have been collected within the legal framework of the Data Protection Act of 05 July 1978. 

2.11.Pseudonym or login

Refers to the choice of the name, or the word that identifies a Member Registered on the Site, that he will freely choose but in compliance with the legal rules in force, i.e. any Pseudonym or identifier must respect public order and the rights of third parties, in particular within the framework of national, European and international legislation. 

Its choice will be the sole responsibility of the Registered Member, and the site MAISON CASTILLE reserves the right to refuse the choice of a Pseudonym or Login that would violate the legal rules stated. 

2.12.Wesite

Refers to all Internet addresses MAISON CASTILLE, accessible via the portal www.maisoncastille.com and for which the General Conditions of Sales described below are applicable. 

2.13.Territory

Refers to the geographical area on which MAISON CASTILLE offers to deliver Customer Orders.

If you live outside the Territory you can ask MAISON CASTILLE either by e-mail or by phone the conditions of a possible Delivery. 

2.14.Visitors

Refers to any person who accesses the Website, via the address http://www.maisoncastille.com , and who browses the pages of the Website.  

3. Availability of the Website and the Service

The company MAISON CASTILLE strives to ensure the availability of the Website and Service 24 hours a day, 7 days a week. However, it may happen that access to the Website or the Service is interrupted during maintenance operations, hardware or software upgrades, emergency repairs of the Website, or due to circumstances beyond the control of the company MAISON CASTILLE (such as, for example, failure of telecommunications links and equipment). availability of the Website and the Service

The company MAISON CASTILLE undertakes to take all reasonable steps to limit these disruptions, insofar as they are attributable to him. You acknowledge and agree that the company MAISON CASTILLE assumes no liability to you for any unavailability, suspension or interruption of the Website or Service.

4. Modification of the Terms and Conditions of Sale

MAISON CASTILLE reserves the right to modify, freely and at any time, the Terms and Conditions of Sale of the Site. Each registered Member or Visitor connecting to the Site is invited to regularly consult these Terms and Conditions of Sale in order to be aware of possible changes, and at least, before validating any order. 

The company MAISON CASTILLE undertakes to inform you in advance of this development by any means at its convenience.

With each Order placed and before its definitive validation, the registered Member is deemed to have accepted the General Terms and Conditions of Sale in force, which shall be the only ones to be binding. 

5. Product conformity

All products offered for sale on the site MAISON CASTILLE, are deemed to comply with French, European and international laws in force. 

However, depending on the country of destination, i.e. depending on the country in which you will place the Order or in which you will be delivered, or in which you will transport the ordered products, local uses or customs may prohibit the coveted products. 

The Website MAISON CASTILLE can not be held responsible for a ban issued by the competent authorities on the ground in which you are delivered, or transport your products.

6. Terms and conditions of order

In order to proceed with an order, the Customer must dial the address www.maisoncastille.com and proceed with the steps described below:

Choose one or more items and fill the virtual basket by clicking on the “Add to basket” button.

Identify yourself on the Website, either by creating an account on the Website by ticking the box “I do not yet have an account” by completing an order form specifying certain mandatory fields so that your selection can be taken into account; or by logging on to the Website by ticking the box “I already have an account” by entering your e-mail address and password.

In case of prolonged inactivity during login, it is possible that the selection of items chosen before this inactivity is no longer guaranteed. The Customer will be invited to resume his selection of products from the beginning.

Check the elements of the order, identify and correct any errors that may have been made during entry.

Indicate your choice of delivery method and fill in the shipping address.

Specify if the Invoice address is the same as the shipping address.

Validate the order, the total price and the all-inclusive price, by clicking on the “Validate” button.

Follow the instructions of the electronic payment server of our partner E-transaction to pay for the MAISON CASTILLE order.

Tick the box “By validating your order, you accept the General Terms and Conditions of Sale”. Up to the “Order and pay” step, the Customer can modify his order by clicking on the “Previous step” icon.

From the moment the Customer confirms his order by clicking on the “Validate payment” icon, the Customer will no longer be able to cancel or modify his order and his bank account will be debited with the all-inclusive price including the total price of the items shipped and delivery costs.

Following validation of payment by the Customer, a confirmation of acceptance of the order will be sent to the Customer by MAISON CASTILLE. The confirmation of the order includes a summary of the products ordered, the price, delivery charges, the order number.

The Customer receives an electronic confirmation of the dispatch of his order.

The Customer receives the package at the shipping address indicated at the time of the order.

It is recalled that purchases made on the Website are reserved for a clientele of non-professional individuals for their own use (or for the purpose of gifts in the family circle). Thus, MAISON CASTILLE sells its products only in quantities corresponding to the usual average needs of a household and, as such, the attention of the Customer is particularly drawn to the fact that the amount of its orders should not exceed the sum of 3000 (three thousand) Euros.

In accordance with Article L121-11 of the Consumer Code, MAISON CASTILLE reserves the right to refuse or cancel for legitimate reasons any Order for which the number of products or the amount to be paid (for one or more cumulative orders) does not correspond to the usual average use of a household, any Order which would suggest that an economic activity is carried out by the Customer in connection with the products ordered or more generally any abnormal Order within the meaning of applicable case law on the subject.

MAISON CASTILLE also reserves the right to suspend or cancel any execution of an Order and / or delivery in case of non-payment or partial payment of any sum due by the Customer, in case of payment incident or in case of fraud or attempted fraud relating to the use of the Website.

7. Terms and conditions of payment – secure payment

Any order implies payment. These orders are payable in euros. Any bank charges remain the responsibility of the Customer (including in the case of a refund).

The payment of the Customer’s purchases is made by credit card : cards from the Carte Bleue, Visa, Eurocard/MasterCard are accepted. By Paypal too. Payments by cheque are not accepted. 

The Customer warrants to MAISON CASTILLE that he has the necessary authorizations to use the method of payment he has chosen for the order.

The order being validated only if the product(s) are available, the transaction will be immediately debited to the Customer’s bank card after verification of the latter’s data, upon receipt of the debit authorization from the issuing company of the bank card used by the Customer.

In accordance with the provisions of Article L 132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By providing his credit card number and the information mentioned below, the Customer authorizes MAISON CASTILLE to debit his credit card for the total amount including tax of his order (including tax delivery charges).

To this end, the Customer confirms that he is the holder of the bank card (or PayPal account) to be debited and that the name appearing on this bank card is indeed his and then communicates in a secure environment on the site, the fifteen- or sixteen-digit number and the expiry date, appearing on the front of his bank card, as well as, where applicable, the numbers of the visual cryptogram appearing on the back of his bank card.

In the event that, for any reason whatsoever, the debiting of sums owed by the customer proves impossible, the sale made will be immediately cancelled by operation of law and the purchase process by electronic means will be cancelled.

The payment platform is the only one, through its secure space, to have knowledge of the customer’s banking information. This information does not transit in any way on the site www.maisoncastille.com.

In order to combat Internet fraud, LVSH has chosen to use the 3D Secure system implemented by financial institutions since 1 January 2009.

This 3D Secure standard is based on the principle of requesting additional information, known to the bank and the cardholder during a transaction. It allows to reinforce the authentication of its customers when making payments on the Internet. This authentication makes it possible to verify that the bank card is indeed used by its legitimate owner.

In concrete terms, when paying on a merchant site displaying the “MasterCard Secure Code” and “Verified by Visa” logos, a new window appears to request personal information from the payer. This can be the date of birth of the cardholder or a secret code depending on the Internet user’s bank. Checking this entry allows you to verify that the Internet User, who is paying, is the person associated with the card used. If you are not yet in possession of your 3D Secure confidential code, please contact your bank.

Authentication is mandatory and any refusal or error in entering the payer’s personal information will result in the cancellation of the transaction.

Payment is also possible with the Paypal functionality within the framework of the conditions applicable to this method of payment.

8. Products

 8.1 Description of the products

The products offered for sale are those that appear on the Website on the day the Customer consults the Website and within the limits of available stocks. MAISON CASTILLE is likely to change at any time the range of products offered for sale on the Website.

MAISON CASTILLE puts the utmost care in the presentation of products on the Website. Nevertheless, the photographs illustrating the products are only indicative and have no contractual value.

In accordance with Article L 111-1 of the French Consumer Code, the Customer may, prior to placing an order, find out about the essential characteristics of the products sold on the Website.

For any question relating to the purchase of products, their use or for any request for advice, the Customer can contact the Customer Relationship Department of the online sales site by email: contact@maisoncastille.fr.

 8.2 Price

The prices of products sold on the Website MAISON CASTILLE are quoted in American Dollars, per item and reference and include all taxes (VAT) including shipping costs. At the time of validation of the order, the price to be paid by the Customer means the all-inclusive price, that is to say the sum of the price including all taxes of the items that make up the order. The telecommunication costs inherent to access to the site remain the responsibility of the Customer.

The selling price of products can be changed by MAISON CASTILLE at any time. This change will be notified to the Customer before any order.

The price of delivery of Products ordered is offered however an additional cost freely fixed by MAISON CASTILLE from whom you buy your products may be added depending on the place of delivery.

 8.3 Product Availability

The products presented by MAISON CASTILLE on the Site are valid while stocks last. MAISON CASTILLE does not guarantee the availability of products presented on the Website.

In the event of total or partial unavailability of products after the order has been placed, the Customer will be informed by e-mail as soon as possible of the unavailability of the product and the total or partial cancellation of his order.

In case of total cancellation of the Order, the Customer Service of MAISON CASTILLE will contact the Customer to inform him of the cancellation of his order and propose to him to renew it, with the exception of the unavailable product.

In case of partial cancellation of the Order : 

– The Customer’s Order shall be validated and the Customer’s bank account shall be debited for the entirety of the Order.

The Customer will be delivered from the available products

The Customer will be refunded the price of the product ordered that is not available as soon as possible and, at the latest, within 30 days of payment of the sums he has paid.

 8.4 Reservation of ownership

The products ordered remain the property of MAISON CASTILLE until full receipt of their price by MAISON CASTILLE.

9. Defective products and liability of the Maison Castille Website

Creations MAISON CASTILLE guarantee and respect specifications. 

However, it may happen that your order is defective, either because it was damaged during delivery or because it is marred by a defect. 

In this case, you should contact MAISON CASTILLE with whom you placed the Order, so that it can replace the defective product. 

The steps to follow are as follows: 

If your package is damaged, even before opening it, you must take a picture of it and send it by e-mail to MAISON CASTILLE. In this case, the guarantee of the deliveryman will apply and your Order if it is damaged will be refunded or replaced. 

If your Order is damaged, and you notice it after opening. Take a picture of your Order to send it to MAISON CASTILLE and contact him to ask for its replacement. In this case, if the product is unsuitable for its destination, MAISON CASTILLE may replace the Creation or the defective product at its expense provided that the product has not been worn or damaged in any other way and in its complete original packaging. 

Attention, we remind you that any attempt to obtain an undue reimbursement of the price of the Order may, within the meaning of the law, constitute an attempt to defraud, or fraud, which is a severely punishable criminal offence.

10. Responsibility of Maison Castille

11.1.Capacity

The Customer, prior to the Order, declares that he has full legal capacity enabling him to commit himself under the GCS. MAISON CASTILLE can in no way be required to verify the legal capacity of its Customers. Accordingly, if a person without legal capacity would order items on the Site, its legal representatives would assume full responsibility for this order and should honor the price.

11.2.Limitation of Liability

The responsibility of MAISON CASTILLE under the obligations of the GCS can not be held liable if the breach of its obligations would be attributable to the actions of a third party, even if foreseeable, the fault of the Customer or the occurrence of an event of force majeure as defined by the French courts.

The information accessible on the Website is provided as is, without any guarantee of any kind. MAISON CASTILLE disclaims any liability for direct and indirect damages, whether foreseeable or not, caused during the use of the Website. In the event that the responsibility of MAISON CASTILLE should be established and retained for the loss suffered by a Customer and attributable exclusively to the placing of an order, it is limited to the amount of the order paid by the buyer to MAISON CASTILLE.

11.3.Confidentiality of data

MAISON CASTILLE collects the personal data of the Client as well as, if necessary, that of the recipient of the Sales Order. The Customer is informed that this automated processing of information and can at any time delete this data on account closure and request for deletion of personal data.

The data you enter is instantly encrypted on your computer before being sent to us (using “SSL” technology to encrypt the information).

To track your preferences and the products you place in your shopping cart, we use “cookie” technology. These are small text files stored by your web browser on your hard drive. These files can be deleted between orders.

12. Withdrawal Periods and Guarantees

12.1.Withdrawal periods 

Customers, insofar as they are non-professional natural persons, benefit by law from a right of withdrawal for a period of fourteen (14) days from the delivery of their order, within which they must return their product, postmarked as proof. (Maison Castille extends this period to 30 days from December 1st for exchanges only).

They may request either an exchange of the product ordered, or a refund without penalty, it being specified that the costs of returning the product are the responsibility of the customer according to the conditions announced at the time of purchase. 

In addition, any refund will be subject to a return in good condition of the product. Any degradation of the product will remain the responsibility of the Customer.

Allow ten (10) days from receipt of your return to see the refund appear on your statement. To receive a replacement for your returned item, please contact us by email. If you have any other questions, please email us at: contact@maisoncastille.fr. 

12.2.Guarantees

Guarantees

According to what the Consumer Code provides in terms of the legal guarantee of conformity.

Guarantees against hidden defects:

According to what the Civil Code provides in terms of warranty of latent defects.

Products lost, modified, repaired, integrated or added by the Customer are excluded from warranty. The warranty will not cover products damaged during transport or due to misuse.

Consequences of the implementation of the guarantee:

As part of the legal guarantee of compliance, MAISON CASTILLE undertakes, at the option of the Customer:

– Either to replace the identical product according to the available stocks

– Either to reimburse the price of the product if the replacement of a product proves to be impossible

As part of the legal guarantee of latent defects, MAISON CASTILLE undertakes, at the option of the Customer, after evaluation of the defect:

– Refund the full price of the returned product.

Or to refund part of the price of the product if the Customer decides to keep the product.

13. Shipping

13.1.Mode of shipping

The Customer chooses the delivery method proposed on the Site. Delivery costs and delivery times vary according to the country and shipping service chosen. 

The products will be delivered to the Delivery Address indicated by the Customer at the time of placing the Order, provided that this address is within the Territory. 

For any Order for which you would like delivery to an address outside the Territory, you can contact directly MAISON CASTILLE, by e-mail contact@maisoncastille.fr .

13.2.Shipping price

The price is indicated according to the mode of shipping selected by the customer. It is an additional cost freely set by MAISON CASTILLE from whom you buy your products and may vary depending on the place of delivery. The shipping costs of products can be changed by MAISON CASTILLE at any time. This change will be notified to the Customer before any order. 

13.3.Delivery date and deadlines

The Delivery times indicated are those communicated by the proposed operators, and remain variable taking into account the hazards attributable to the shipping services. 

Deliveries can only be made on working days according to the law in force in the country of delivery. 

When a package leaves the warehouses of MAISON CASTILLE to be delivered to the address specified by the customer when ordering, the latter receives electronically from the site www.maisoncastille.com a shipping confirmation on which is indicated the tracking number of his package.

The customer can follow the progress of the processing of his order in his secure personal space YOUR ACCOUNT accessible on the site www.maisoncastille.com or by going, with his parcel tracking number, to the sites made available by the shipping operators.

13.4.Delivery place

The place of Delivery is the one designated as the Delivery address by the Customer at the time of his Order.

MAISON CASTILLE will not be held responsible for an error by the Customer in the Delivery Address, and this one, all will not be able to be the subject of a refund. 

The Order that could not be delivered due to an error on the part of the Customer, may be the subject of a credit note upon written request by mail or e-mail, to be used for a future Order. 

13.5.Absence of the Customer on the delivery date

If the Customer is absent at the place of Delivery at the time of Delivery, the Delivery shall be invoiced and shall remain due. 

In this case, it is up to the Customer to contact the Delivery service to possibly agree on a new delivery date, which in any case cannot be made on a public holiday or day off. 

14. Intellectual property rights

The trademark “MAISON CASTILLE”, as well as all trademarks, whether figurative or not, and more generally all other trademarks, illustrations, images and logos appearing on MAISON CASTILLE articles, their accessories or their packaging, whether registered or not, are and will remain the exclusive property of LVSH SAS. 

Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of LVSH SAS, is strictly prohibited. The same applies to any combination or conjunction with any other brand, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The same will apply to any copyright, design and model, and patent that are the property of LVSH SAS.

15. General provisions

15.1.Force majeure

LVSH SAS may not be held liable in the event of force majeure or for any other event beyond its control that prevents the provision of the Service under conditions that comply with the provisions of the General Conditions of Use. 

Are understood to be cases of force majeure, which the CLIENT accepts: any climatic event recognized as a natural disaster within the meaning of the law, and in particular, earthquakes, storms, hail, war, strikes, fuel shortages, rebellions, riots, traffic accidents, pandemics, floods, any road blockage due to a natural event, any crop destruction due to an exceptional circumstance. 

15.2.Games and contests

LVSH SAS undertakes to endow the winner(s) in accordance with the legislation in force and with the following rules:

The prize may be put back into play, if less than 20 players have followed the rules indicated at the time of play.

The winner(s) will be drawn at random within 48 hours of the end of the contest and notified on the contest page.

If the winner(s) drawn at random do not appear within 15 days, LVSH SAS reserves the right to put the prize(s) indicated back into play.