Article 1 - Preamble
The online store MUSEDEPROVENCE.COM is operated by the registered person Anneli Martikainen, whose registered office is located at 84490 Saint-Saturnin-les-Apt and registered with the Chamber of Trades and Crafts of Vaucluse under the siren number 444 910 566.
The general terms and conditions of sale detailed below apply to all orders placed for all items and services offered on the MUSEDEPROVENCE.COM website, unless otherwise agreed in writing beforehand.
The website MUSEDEPROVENCE.COM reserves the right to modify these terms and conditions of sale at any time. The terms and conditions of sale applicable to any transaction on the MUSEDEPROVENCE.COM website are those displayed online on said website at the time the order is placed by the customer. The customer acknowledges having read these terms and conditions prior to placing their order.
Consequently, placing an order on the MUSEDEPROVENCE.COM website implies full and complete acceptance of these terms and conditions of sale by the customer.
Article 2 - Purpose
These general terms and conditions of sale define the rights and obligations of the parties within the framework of a distance sale of goods and services offered via the website MUSEDEPROVENCE.COM
Article 3- Scope of application
These terms and conditions govern the sale of products found on the MUSEDEPROVENCE.COM website on the date the order is placed by the customer. They apply to all purchases made on this website, as long as the MUSEDEPROVENCE.COM store is online. They may be modified by MUSEDEPROVENCE at any time.
Article 4 - Order
Ability to contract
Every customer of the MUSEDEPROVENCE.COM website declares that they have the legal capacity to enter into a contract under the conditions described below, that is, they are an emancipated minor or of legal age and not under guardianship as defined in Article 488 of the French Civil Code. The MUSEDEPROVENCE.COM website reserves the right to refuse any order from a customer with whom a dispute exists or arises during the processing of an order, particularly a payment dispute.
Acceptance of the Terms and Conditions by the Client
These terms and conditions can be read directly on the MUSEDEPROVENCE.COM website. Upon request, they can also be sent by email. By checking the box "I have read and agree to the terms and conditions of sale" before confirming their order, the Customer automatically and expressly accepts these terms and conditions without restriction or reservation. The Customer acknowledges by this action having read and understood these terms and conditions and accepts them.
Placing the order
The Customer can place their order on the MUSEDEPROVENCE.COM website via the internet 24/7.
Once the products have been selected and the shopping cart validated, the Customer must:
- to identify themselves either by entering their email address and password which are strictly personal, or by mentioning all the information usually requested for an online registration;
- provide the information necessary for delivery. This includes in particular the precise delivery address as well as any accessibility restrictions at the delivery location (building, entry code, etc.);
All orders imply acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be addressed within the framework of a possible exchange and the guarantees mentioned below.
In all cases, the online provision of the bank card number and the final validation of the order by the Customer will constitute proof of the order and the obligation to pay the amounts due for the products selected in the order. This validation constitutes a signature and acceptance of all operations carried out on the MUSEDEPROVENCE.COM website.
Information provided during the ordering process
The Customer is responsible for the accuracy and completeness of their account and order information to ensure proper processing. In particular, the Customer's address and the order delivery address are their sole responsibility. The MUSEDEPROVENCE.COM website cannot guarantee against, nor be held liable for, any consequences of additional delivery delays or costs. Any expenses incurred by MUSEDEPROVENCE.COM resulting from errors in the information provided by the Customer will be borne by the Customer, including, in particular, the cost of reshipping the order.
Order confirmation
An email is automatically sent to the Customer to confirm the order, provided that the email address provided in the registration form is correct.
Article 5 – Products
Product information and specifications
In accordance with Article L 111-1 of the French Consumer Code, the MUSEDEPROVENCE.COM website strives to present the essential characteristics of its products as accurately as possible on their technical specifications sheets, which the Customer must review. The information and characteristics provided are those supplied by the vendors. Photographs and graphics displayed on the MUSEDEPROVENCE.COM website or in emails are for illustrative purposes only. In particular, differences in color perception between the photographs or graphics displayed and the actual Products cannot be held against MUSEDEPROVENCE.COM. The website will make every effort to ensure that the photographic representation of the products on the MUSEDEPROVENCE.COM website is as accurate as possible. However, it is possible that the perceived appearance of the product(s) may not perfectly match the actual Product(s).
In addition to offering new items, the MUSEDEPROVENCE.COM website also features vintage and antique furniture and objects that have a history. These items often show signs of wear and tear, traces of their past. All vintage and antique items are listed in the "Miscellaneous" category on the MUSEDEPROVENCE.COM website. As these are vintage items, they may no longer meet current safety standards at the time of purchase. The customer acknowledges being fully aware of this risk, and the seller cannot be held liable for any damage resulting from the use of the purchased product.
Price
Prices are expressed in euros. The price guaranteed to the buyer is the one displayed on the website at the time of purchase.
The price set at the time of purchase is firm and final. It includes delivery charges.
No other customs duties or VAT will be payable for deliveries within the European Union. Any change in the applicable rate may be reflected in the selling price of the products in the catalog.
Article 6 – Payment
Full payment is due upon ordering. Payment is made by credit card.
The customer guarantees to the website MUSEDEPROVENCE.COM that they have the necessary authorizations to use the card payment method when placing the order.
The website MUSEDEPROVENCE.COM implements all necessary measures to ensure the security and confidentiality of data transmitted online. To this end, the site has chosen PayPal, a highly secure payment tool.
- PayPal transactions are processed directly on PayPal's encrypted (SSL) server and are always transmitted securely over the internet. The payment is made directly between your bank and ours. We have absolutely no access to your bank details.
The Company's online store does not store any credit card numbers. By providing their bank card number and/or bank details, the customer agrees in advance and unconditionally that the Company may process the secure transaction. The customer therefore authorizes their bank in advance to debit their account upon presentation of the records or statements transmitted by the Company, even in the absence of invoices signed by the cardholder. Authorization to debit the customer's account is always given for the amount of the item(s) purchased. The customer's bank card is debited within a maximum of six (6) days: following the customer's click on the "VALIDATE" button on the Website, after verification that their order complies with these terms and conditions of sale, and the availability of the item(s), including in the event of temporary unavailability accepted by the customer, and before the item(s) are shipped by the Company. If, for any reason (objection, refusal by the issuing bank, etc.), the debiting of the amounts owed by the customer proves impossible, the order will not be registered by the Company. In this case of non-payment, the Company will notify the customer by email that their order could not be registered.
The website MUSEDEPROVENCE.COM retains ownership of the delivered products until full payment is received from the Customer. The above provisions do not preclude the transfer to the Customer, upon delivery of the Products, of the risks of loss or damage to the products subject to retention of title, as well as any damage they may cause.
Article 7 – Responsibility
The website MUSEDEPROVENCE.COM is committed to describing the products sold on the website with the utmost accuracy.
The new products offered comply with current French legislation and applicable standards in France.
Vintage items, especially those from secondhand markets, may no longer meet current safety standards at the time of purchase. The customer acknowledges being fully aware of this risk, and the seller cannot be held liable for any damage resulting from the use of the purchased item.
MUSEDEPROVENCE.COM cannot be held liable for any failure to comply with the laws of the country where the product is delivered. It is the Client's responsibility to check with local authorities regarding the import or use of the products they intend to order
Furthermore, the MUSEDEPROVENCE.COM website cannot be held liable for inconveniences and damages related to the use of the Internet network, such as service interruptions, the presence of computer viruses or external intrusions, or more generally any cases classified as force majeure by the courts.
Article 8 – Delivery
Delivery area
The website MUSEDEPROVENCE.COM delivers to all countries of the European Union, as well as to Switzerland.
Comprehensive list of countries concerned:
Germany, Austria, Belgium, Bulgaria, Cyprus, Denmark, Spain, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, Romania, United Kingdom, Slovakia, Sweden, Switzerland
Delivery methods
The website MUSEDEPROVENCE.COM has chosen Colissimo as its primary shipping method. Bulky and/or fragile items will be delivered by a carrier.
Standard delivery via Colissimo Registered
The package will be delivered against signature. If you are not home, a delivery notice will be left in your mailbox, indicating the nearest post office where you can collect your package. You will then have 15 consecutive days to collect it. After this period, it will be automatically returned to MUSEDEPROVENCE.COM.
For deliveries within mainland France, the delivery fee is €5. For deliveries within Europe and French overseas territories, the delivery fee is €15. For international deliveries, the delivery fee is €20.
Delivery of bulky and/or fragile items
Bulky items will be delivered exclusively within Metropolitan France. Delivery of bulky and/or fragile items is handled by a carrier. The carrier will deliver to the building entrance, or, if it is a house, to the doorstep.
Customer responsibility
The website MUSEDEPROVENCE.COM reminds customers that it is their responsibility to inspect their package upon delivery in the presence of the delivery person and to immediately notify the carrier and MUSEDEPROVENCE.COM of any anomalies observed (impact, damaged package, delivery date not in accordance with the normal delivery service timeframe). If such issues are not noted on the delivery slip presented to the customer by the carrier, MUSEDEPROVENCE.COM will not be able to accept any subsequent claims regarding the condition of the package(s).
Products are delivered to the address indicated by the Customer on the order form. The Customer is responsible for verifying the completeness and accuracy of the information provided to MUSEDEPROVENCE.COM, which cannot be held liable for delivery delays due to errors or disruptions attributable to carriers (including, in particular, total or partial strikes affecting postal services, transportation, and/or communications).
Delivery time
Products in stock, delivered via Colissimo: MUSEDEPROVENCE.COM will deliver within a maximum of 8 days
Products in stock, delivered by carrier: will be delivered according to the carrier's delivery times
Article 9 - Transfer of Risks
Risk of loss or damage to the goods passes to the customer upon delivery of the products by MUSEDEPROVENCE.COM to the carrier. The goods travel at the customer's own risk. This also applies to shipments or returns sent carriage paid.
During the withdrawal period mentioned in Article 11 below, the Customer is responsible for the goods as custodian. In the event of damage to or destruction of the product while in the Customer's custody, the Customer will bear all the consequences.
Article 10 – Force Majeure
In addition to those usually recognized by the jurisprudence of French courts and tribunals, the following are considered cases of force majeure: total or partial strikes, internal or external to the company, blockage of means of transport or supply for any reason whatsoever, governmental or legal restrictions, computer failures, blockage of telecommunications including networks and in particular the Internet.
The website MUSEDEPROVENCE.COM will make every effort to inform the customer of the status of their package shipment, but cannot be held responsible for any delays caused.
Article 11 – Right of withdrawal
The customer has, within 14 working days from the delivery of their order, a right to return, at their own expense, for exchange or refund, products that do not suit them in accordance with Article L 121-16 of the Consumer Code.
If this deadline falls on a Saturday, Sunday, or public holiday, it is extended to the next working day. The returned product must be in its original condition and packaging. It must not have been used or damaged in any way, however slight, and must be perfectly clean.
This right of withdrawal may be exercised without penalty. Within a maximum of 30 days from receipt of the product, the Customer will be reimbursed for the sums paid; the reimbursement will be made using the original payment method.
Article 12 – Warranty
New products sold on the MUSEDEPROVENCE.COM website benefit from the legal guarantee against hidden defects provided for in articles 1641 et seq. of the Civil Code.
The website MUSEDEPROVENCE.COM cannot be held responsible for non-compliance with the regulatory and legislative provisions in force in the country of receipt.
Article 13 - Protection of personal data and electronic signature
Personal and nominative data Visitors or Clients of the MUSEDEPROVENCE.COM website have at any time the right to access, modify, rectify and delete data concerning them in accordance with article 34 of the "data protection and freedoms" law of 6 January 1978.
When a visitor registers or a customer places an order, or during other specific operations on this website, MUSEDEPROVENCE.COM collects personal data, including first name, last name, email address, telephone number, date of birth, and postal address. When the visitor or customer chooses to provide this personal data to MUSEDEPROVENCE.COM, they expressly consent to the collection and use of this data in accordance with applicable law.
The Visitor or Customer can modify their subscription at any time through their personal account, or through the hyperlink at the bottom of the newsletters received by email.
The website MUSEDEPROVENCE.COM may, for commercial purposes, transmit the identity and contact details of its Visitors or Customers to commercial partners.
The website MUSEDEPROVENCE.COM informs its Clients that the processing of this personal and/or nominative information has been declared to the CNIL under number N°1571262 dated March 7, 2012
Electronic signature
The "validation click" constitutes an electronic signature. This electronic signature has the same legal value between the parties as a handwritten signature.
Article 14 - Intellectual Property
All elements of the MUSEDEPROVENCE.COM website, whether visual, graphic, video, or audio, including the underlying technologies used, as well as all illustrations, images, drawings, designs, and logos appearing on the Company's products sold remotely, are protected by copyright, trademarks, or patents. They are the exclusive property of MUSEDEPROVENCE. Consequently, the reproduction, in whole or in part, on any medium whatsoever, of the elements comprising the website and the catalog, their use, and their distribution to third parties are strictly prohibited.
The client is granted a license to use the Site which remains the exclusive property of MUSEDEPROVENCE, which created and put online the web pages, images and texts.
Anyone with a website who wishes to place a simple link on their site that redirects directly to MUSEDEPROVENCE.COM must request permission from MUSEDEPROVENCE. Permission granted by MUSEDEPROVENCE.COM does not constitute an implicit affiliation agreement and is not granted permanently. This link must be removed upon request from MUSEDEPROVENCE.
Article 15 - Entirety of the Conditions
A change in legislation, regulations or a court decision rendering one or more clauses of these general terms and conditions of sale null and void shall not affect the validity of these general terms and conditions of sale.
Such a change or finding would in no way allow the customer to disregard these general terms and conditions of sale. If a condition was not explicitly mentioned, it would be considered governed by the practices in force in the distance selling sector for companies headquartered in France.
Article 16 - Applicable Law
These terms and conditions of sale are governed by French law. In the event of a dispute, only the French courts will have jurisdiction. In case of difficulty or complaint, the customer may contact the registered person Anneli Martikainen in order to find an amicable solution.