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General terms and conditions of sale

Article 1: Orders

The Customer selects the Product(s) they wish to purchase and can access their order summary at any time. The Customer has the option to modify their order and correct any errors before final confirmation.

Upon receipt of final payment for the order by COMME A LA MAISON SAS, following confirmation of the order summary by the Customer, the sales contract between the Customer and COMME A LA MAISON SAS is concluded. The contract may only be challenged within the limits stipulated in the General Terms and Conditions of Sale (GTC). Placing an order implies the Customer's unreserved acceptance of the GTC.

The order confirmation will be sent to the Customer by email. Depending on the payment method used, the sending of the order confirmation may be delayed until final payment is received by COMME A LA MAISON SAS.

For this purpose, the Client formally accepts the use of email for confirmation by SAS COMME A LA MAISON of the content of his order.

SAS COMME A LA MAISON reserves the right to refuse orders from a Customer with whom there is a dispute or incident relating to the payment of a previous order under the conditions detailed in article 3.2 below.

Article 2: Price

Product prices on the Site are shown in euros, inclusive of all taxes for mainland France, but excluding shipping costs. Any change in the VAT rate may be reflected in the product prices.

The total amount is shown in the order summary, before the Customer confirms it definitively.

SAS COMME A LA MAISON reserves the right to modify its prices at any time, but the Products will be invoiced to the Customer based on the rates in effect on the day of the order.

Article 3: Payment

3.1: Payment Methods

Orders can be paid for using the following payment method:

By credit card: the card is debited immediately on the day of the order. The Site uses secure payment systems to guarantee the Customer's complete confidentiality of their banking information. The Customer's bank details are not stored electronically by COMME A LA MAISON SAS.

The order will only be confirmed upon receipt of the transferred amount.

3.2: Payment Incidents

The Products remain the property of SAS COMME A LA MAISON until they are fully paid for by the Customer.

In any event, SAS COMME A LA MAISON reserves the right to suspend or cancel any order execution and/or delivery of Products ordered by the Customer in the event of incomplete, irregular or non-existent payment, in the event of fraud, attempted fraud relating to the use of the Site and the payment of an order or violation of the Terms and Conditions.

Article 4: Order Collection

The Customer will have to travel at their own expense to collect their order from the point of sale.

To collect their order at the point of sale, the Customer must present the order summary email, which specifies their order number and its contents.

The Customer is required to check the contents of their order at the time of collection.

Article 5: Responsibility

SAS COMME A LA MAISON cannot be held liable for the non-performance or improper performance of the General Terms and Conditions in the event of force majeure, the occurrence of an event attributable to the Client or any unforeseen and insurmountable inconvenience or damage inherent to a third party or the use of the Internet network.

SAS COMME A LA MAISON cannot be held liable for indirect damages.

In the event that links to third-party sites not published or controlled by SAS COMME A LA MAISON are inserted on the Site, SAS COMME A LA MAISON cannot be held responsible for the operation or content of these third-party sites.

SAS COMME A LA MAISON strives, as far as possible, to maintain the Site accessible 7 days a week and 24 hours a day. However, use of the Site may be temporarily suspended due to technical maintenance, migration or updates, or due to outages or constraints related to the operation of the Internet.

Article 6: Withdrawal

In accordance with Articles L.221-18 et seq. of the French Consumer Code, the Customer has 14 days to exercise their right of withdrawal with COMME A LA MAISON SAS, without having to provide any justification, starting from the day the Customer takes physical possession of the Product. When the 14-day period expires on a Saturday, Sunday, or public holiday, it is extended until the following day.

To exercise their right of withdrawal, the Customer must notify SAS COMME A LA MAISON of their decision to withdraw from this contract by email to the following address: contact@commealamaison-puteaux.fr by means of an unambiguous statement.

To ensure that the withdrawal period is respected, it is sufficient for the Customer to send their communication relating to the exercise of the right of withdrawal to SAS COMME A LA MAISON before the expiry of the withdrawal period.

In the event of cancellation, SAS COMME A LA MAISON will reimburse the Client for all payments received.

SAS COMME A LA MAISON will make the refund using the same payment method as that used for the initial transaction, unless the Customer agrees to another payment method being used and provided that the refund does not incur any costs for SAS COMME A LA MAISON.

SAS COMME A LA MAISON may defer reimbursement until the Customer has returned the Product to the point of sale.

The Customer must return the Product to the attention of SAS COMME A LA MAISON at 6 BIS RUE CARTAULT, 92800 PUTEAUX, FRANCE; without undue delay and, in any event, no later than fourteen days after having communicated his decision to withdraw.

The Customer is informed that his liability to SAS COMME A LA MAISON is only engaged for the depreciation of the Product(s) returned following the exercise of his right of withdrawal, resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this or these Products.

Article 7: Guarantees

The Products offered by SAS COMME A LA MAISON are subject to the guarantee against hidden defects provided for in Articles 1641 et seq. of the Civil Code and to the legal guarantee of conformity provided for in Articles L.217-4 et seq. of the Consumer Code.

However, the brand's products are natural and may therefore sometimes have minor defects.

7.1: In case of non-compliance

Under the legal guarantee of conformity, the Customer has two years from the date of delivery of the Product to take action. They can choose between repair or replacement of the Product.

However, if the Client's choice results in a cost that is clearly disproportionate to the other option for SAS COMME A LA MAISON, taking into account the value of the Product or the importance of the defect, SAS COMME A LA MAISON will proceed with the refund, unless impossible, according to the option not chosen by the Client.

The Customer is exempt from providing proof of the existence of the lack of conformity of the Product at the time of delivery during the twenty-four months following delivery of the Product, except for second-hand Products for which the period is six months.

The legal guarantee of conformity does not apply if SAS COMME A LA MAISON provides proof that the lack of conformity did not exist at the time of delivery of the Product.

Under the Consumer Code, a Product is considered non-compliant:

1° either when it is not suitable for the use normally expected of a similar product and, where applicable:

  • does not correspond to the description given by the seller and does not possess the qualities that the seller presented to the buyer in the form of a sample or model; ;

  • does not possess the qualities that a customer can legitimately expect in view of the public statements made by the seller, the producer or their representative, particularly in advertising or labeling; ;

2° either when it does not have the characteristics defined by mutual agreement between the parties or is not suitable for the special use sought by the Client, brought to the attention of the seller and which the latter has accepted.

However, the guarantee of conformity is excluded when the Customer was aware of the defect or could not have been unaware of it at the time of contracting.

7.2: In case of a hidden defect

Under the warranty against hidden defects in the item sold, as defined by the Civil Code, the Customer may choose between rescinding the sale and reducing the sale price of the Product in accordance with Article 1644 of the Civil Code.

A hidden defect is defined as a non-apparent flaw in the Product that renders it unfit for its intended use or that so diminishes its usability that the Customer would not have purchased it, or would have paid a lower price, had they been aware of the defect. Legal action arising from hidden defects must be initiated within two years of the discovery of the defect.

The applicable legal provisions are reproduced below:

Article L.217-4 of the Consumer Code: "The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when these were his responsibility under the contract or were carried out under his supervision.".

Article L.217-5 of the Consumer Code: "The goods conform to the contract:

1° If it is suitable for the purpose usually expected of similar goods and, where applicable:

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

– if it possesses the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or their 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 purpose sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L.217-12 of the Consumer Code: "The action resulting from a lack of conformity is time-barred two years from the delivery of the goods."«

Article 1641 of the Civil Code: "The seller is bound by a warranty against hidden defects in the thing sold which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known of them."«

Article 1648 of the Civil Code, first paragraph: "The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of forfeiture, within one year following the date on which the seller can be released from liability for apparent defects or lack of conformity.".

Article 8: Personal Data – Cookies – Security

In the context of fulfilling these Terms and Conditions, COMME A LA MAISON SAS may process Customer data for the purposes of managing and fulfilling orders. The information requested is necessary for COMME A LA MAISON SAS to provide the Customer with the services they wish to receive.

COMME A LA MAISON SAS places great importance on respecting privacy and takes all necessary measures to ensure the confidentiality and security of its customers' personal data. Customers can find COMME A LA MAISON SAS's privacy policy on its website.

In accordance with the amended French Data Protection Act of 6 January 1978, the Client has the right to access, rectify, object to, restrict the processing of, erase, port and define directives after death concerning his or her personal data by sending a written request accompanied by a copy of his or her identity document by mail to the contact details indicated in Article 15, providing his or her name, first name and postal address.

The Client's data is kept for the entire duration of the contractual relationship.

In the event of a dispute relating to the use of his data, the Client may contact the National Commission for Information Technology and Freedoms (CNIL).

Article 9: Amendments to the General Terms and Conditions

COMME A LA MAISON SAS reserves the right to change these terms and conditions at any time without prior notice. The version of the Terms and Conditions applicable to a transaction made by a Customer is that displayed on the Website at the time of the order and accepted by the Customer when validating their order.

Article 10: Evidence Convention

Customers understand and accept that all information, content, files, documents, and any element exchanged electronically via the Site with SAS COMME A LA MAISON constitute valid, admissible, reliable, enforceable evidence, and have the probative force of a private agreement, unless proven otherwise.

Clients agree not to contest the admissibility, validity, enforceability, reliability or probative value of these elements.

Article 11: Applicable Law – Dispute Resolution

The contract formed by acceptance of these General Terms and Conditions of Sale upon placing an order is governed by French law. The language of this contract is French. In the event of a complaint following an order, the Customer may contact customer service to find an amicable solution by email at the following address: contact@commealamaison-puteaux.fr by providing their contact details and any information that may be requested to allow the resolution of the dispute.

If the dispute persists, the Customer may contact the European Commission's online dispute resolution service at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.

In the absence of an amicable settlement and for any dispute relating to these General Terms and Conditions of Sale Products, and in accordance with the provisions of Article R.631-3 of the Consumer Code, the Customer may bring the matter before either one of the courts which are territorially competent under the Code of Civil Procedure, or the court of the place where he resided at the time of the conclusion of the contract or the occurrence of the harmful event.