Terms of service

MAISON OLA - Terms and Conditions of Sale

Article 1 - Legal notice and identification of the seller

The website www.maisonola.com (the "Site") is published by:

• Company name: Maison OLA
• Legal form: Société par actions simplifiée (SAS)
• Share capital: 1,000 euros
• Registered office: 33 rue de Grenelle, 75007 Paris, France
• SIREN: 952 073 559
• Trade and Companies Register: Paris 952 073 559
• European Unique Identifier (EUID): FR7501.952073559
• Intra-Community VAT number: FR11 952 073 559
• Publication director: Grégory Mizele
• Email: info@maisonola.com
• Telephone: +33 (0)9 86 68 78 24

Host of the Site: Shopify International Limited, 2nd Floor, 1-2 Victoria Buildings, Haddington Road, Dublin 4, D04 XN32, Irlande.

Maison OLA is hereinafter referred to as the "Seller" or "Maison OLA".

Article 2 - Purpose and scope

These terms and conditions of sale (the "T&Cs") exclusively govern distance sales of products (the "Products") concluded via the Site between Maison OLA and any natural person acting for purposes outside their commercial, industrial, craft, professional or agricultural activity (the "Customer" or "User"), within the meaning of the preliminary article of the French Consumer Code.These T&Cs do not apply to sales concluded with professionals, in particular resellers, which are governed by separate terms.

They define the terms of sale, from the order through to delivery, including payment, as well as the follow-up of the order between the parties.

Any order implies unreserved acceptance of the prices, of the description of the Products and of these T&Cs. The Customer acknowledges having read them prior to validating their order, and declares that they have the legal capacity to contract.

Maison OLA reserves the right to amend these T&Cs at any time. The applicable T&Cs are those in force on the date of the order, a dated copy of which is provided to the Customer on a durable medium upon order confirmation.

Should a matter not be covered herein, it will be governed by the practices in force in the distance-selling sector for companies headquartered in France.

Article 3 - Products and availability

The Products offered are those appearing on the Site on the day it is consulted by the Customer, within the limits of available stock.

Maison OLA undertakes to describe the Products with the greatest accuracy. Photographs and illustrations accompanying the Products have no contractual value and cannot engage the Seller's liability for minor variations in colour or texture inherent to reproduction media and to the materials used.

If a Product becomes unavailable after the order has been placed, Maison OLA will inform the Customer as soon as possible and will refund the corresponding amount, at the latest within fourteen (14) days of payment.

Article 4 - Orders

The Customer selects the Products, adds them to the basket, then validates the order after having:

1. checked the details of the order and its total price, correcting any errors where applicable;
2. expressly accepted these T&Cs;
3. made payment.

In accordance with Article 1127-2 of the French Civil Code, final validation of the order, preceded by the wording "order with obligation to pay", constitutes acceptance of the offer and forms the contract.

Maison OLA sends the Customer an acknowledgement of receipt of the order by email, summarising the Products ordered, the price, delivery costs, the delivery address and these T&Cs.

Maison OLA reserves the right to refuse or cancel any order that is abnormal, made in bad faith, or placed by a Customer with whom a payment dispute exists.

Article 5 - Prices

Prices are stated in euros, all taxes included, and take into account the French VAT applicable on the day of the order. They exclude delivery costs, which are indicated separately before validation of the order.

Prices displayed on the Site are guaranteed for the duration of their online publication and within the limits of available stock. The final price invoiced to the Customer is the price shown on the order confirmation.

Any change to the applicable VAT rate may be reflected in the price of the Products.

Article 6 - Payment

Payment is made online, at the time of the order, by:

• credit or debit card: Visa, Mastercard, American Express;
• PayPal;
• Klarna (interest-free instalment payment). 

Use of PayPal or Klarna entails acceptance of those providers' own terms and conditions, available on their respective websites and during the payment journey. The interest-free three-instalment option offered by Klarna falls within the contractual relationship between the Customer and Klarna alone: eligibility, the payment schedule and any late fees are determined by Klarna, Maison OLA playing no part in that decision.

Payments are secured by Maison OLA's payment provider. Maison OLA at no point has access to the Customer's banking details, which are transmitted in encrypted form to that provider.

The Customer's account is debited upon validation of the order. Given usual banking delays, validation of payment may take up to one business day from validation of the order.

Maison OLA reserves the right to suspend any order in the event that payment authorisation is refused by the banking institution.

In the event of fraudulent use of their card, the Customer is invited to contact Maison OLA as soon as such use is discovered at info@maisonola.com, without prejudice to the steps to be taken with their bank under Articles L. 133-18 et seq. of the French Monetary and Financial Code.

 

Article 7 - Delivery

7.1 Zones and costs

Products are delivered to the countries listed at https://maison-ola.com/policies/shipping-policy. Delivery costs are borne by the Customer, vary according to the country of destination, and are indicated to the Customer before validation of the order. The price list is subject to change and may be consulted at the same address. 

7.2 Timeframes 

Products are delivered to the address provided by the Customer at the time of the order.

 In accordance with Article L. 216-1 of the French Consumer Code, Maison OLA undertakes to deliver the Products within a maximum of thirty (30) days from conclusion of the contract. The timeframes shown on the Site are indicative, are provided by our carriers, and may vary depending on the time of year. 

7.3 Late delivery 

If the announced timeframe, or failing that the thirty (30) day period, is exceeded, the Customer may, in accordance with Articles L. 216-2 and L. 216-3 of the French Consumer Code, instruct Maison OLA to deliver within a reasonable additional period, by registered letter or in writing on another durable medium. Failing performance within that further period, the Customer may terminate the contract by the same means. The contract is terminated upon receipt of the notification, unless delivery has occurred in the meantime. Maison OLA then refunds all sums paid, at the latest within fourteen (14) days of termination.

Where the delivery date constitutes an essential condition of the contract, brought to the Seller's attention before its conclusion, the Customer may terminate the contract immediately. 

7.4 Transfer of risk

 In accordance with Article L. 216-4 of the French Consumer Code, the risk of loss or damage to the Products transfers to the Customer at the moment they, or a third party designated by them other than the carrier proposed by Maison OLA, takes physical possession of the Products.

7.5 Deliveries outside the European Union

For deliveries outside the European Union, Maison OLA facilitates customs formalities with its carrier as far as possible. Delivery times may nevertheless be extended by customs checks beyond the Seller's control. Customs duties, taxes and handling fees may be payable on arrival: these remain the exclusive responsibility of the Customer, who is invited to enquire with the authorities of their country.

Article 8 - Right of withdrawal

8.1 Principle and period

In accordance with Articles L. 221-18 et seq. of the French Consumer Code, the Customer has a period of fourteen (14) days from receipt of the last Product of their order to exercise their right of withdrawal, without having to give reasons or bear any penalty.

This right applies to all Products without exception, including sale, discounted and end-of-line items.

Where this period expires on a Saturday, Sunday or public holiday, it is extended to the next business day.

8.2 How to exercise the right

The Customer notifies their decision to withdraw before the expiry of the fourteen (14) day period, by any unambiguous statement, in particular:

• by email to info@maisonola.com, stating their order number and the reason for the return (the reason is optional and providing it is not a condition of exercising the right);
• using the model form set out in Appendix 1;
• by post to Maison OLA, 33 rue de Grenelle, 75007 Paris, France. 

Maison OLA acknowledges receipt of the withdrawal without delay on a durable medium and confirms the return arrangements to the Customer. 

8.3 Returning the Products

The Customer returns the Products at the latest within fourteen (14) days of communicating their decision to withdraw. This return period is in addition to the withdrawal period under Article 8.1. The deadline is met if the Customer sends the Products back before it expires; the date of dispatch, as evidenced by the proof of postage, prevails.

Products are to be returned to the following address:

Maison OLA, 33 rue de Grenelle, 75007 Paris, France

Products must be returned new, unworn, unwashed, unaltered, in their original condition and packaging, with the clothing label attached. The Customer is liable only for any diminished value of the Products resulting from handling other than what is necessary to establish their nature, characteristics and proper functioning. The Customer may therefore try them on as they would in a store.

Direct return costs are borne by the Customer. The Customer is advised to keep their proof of postage, as the burden of proving dispatch rests with them.

8.4 Refund

Maison OLA refunds all sums paid, including the initial standard delivery costs, at the latest within fourteen (14) days of the date on which it is informed of the decision to withdraw. Maison OLA may defer the refund until it has recovered the Products, or until the Customer has provided proof of dispatch, whichever occurs first. The refund is made as soon as possible after receipt of the parcel, with no additional steps required from the Customer.

If the Customer expressly chose a more expensive delivery method than the standard method offered, the additional costs are not refunded.

The refund is made using the same payment method as that used for the order, unless the Customer expressly agrees to another method and provided it does not incur any cost for them. 

Where the order was paid via Klarna, the refund is sent to Klarna, which adjusts or cancels the Customer's payment schedule in accordance with its own terms.

 

Article 9 - Commercial returns and exchanges

Beyond the statutory withdrawal period set out in Article 8, no return or refund may be obtained under this commercial policy.

Sale, discounted and end-of-line items are not eligible for Maison OLA's commercial returns policy.

This restriction, and the expiry of the period referred to in the first paragraph, have no effect on:

• the statutory fourteen (14) day right of withdrawal under Article 8, which applies to all Products, including sale items;
• the legal guarantees under Article 11 (guarantee of conformity and guarantee against hidden defects), which apply to all Products for two (2) years and give rise, where applicable, to repair, replacement, price reduction or refund.

No spontaneous return made without prior notification to info@maisonola.com will be accepted, except where the right of withdrawal is being exercised.

 

Article 10 - Complaints on delivery

On receipt, the Customer is invited to check the condition and conformity of the Products with their order. If the package is open or damaged, the Customer may refuse delivery or issue precise, reasoned reservations to the carrier.

Any complaint may be addressed to info@maisonola.com or by registered letter to Maison OLA - 33 rue de Grenelle, 75007 Paris, France. The Customer is invited to do so as soon as possible and to specify the reasons for the complaint.

These arrangements are a processing convenience and cannot limit the rights the Customer holds under the legal guarantees set out in Article 11, nor the time limits attached to them.

 

Article 11 - Legal guarantees

Independently of any commercial guarantee, Maison OLA remains bound by the legal guarantee of conformity (Articles L. 217-3 to L. 217-17 of the French Consumer Code) and by the guarantee against hidden defects (Articles 1641 to 1649 of the French Civil Code).

11.1 Legal guarantee of conformity

The Customer has a period of two (2) years from delivery of the Product in which to act. They may choose between repair and replacement of the Product, subject to the cost conditions provided for in Article L. 217-12 of the French Consumer Code. They are exempt from proving the existence of the lack of conformity during the twenty-four (24) months following delivery.

If repair and replacement are impossible, or cannot be carried out within one month of the complaint, or cause a major inconvenience to the Customer, the Customer may obtain termination of the sale and a refund of the price, or a reduction of the price, under the conditions of Articles L. 217-14 et seq. of the French Consumer Code.

Article L. 217-3, paragraphs 1 and 2, of the French Consumer Code

"The seller delivers goods that conform to the contract as well as to the criteria set out in Article L. 217-5.

The seller is liable for any lack of conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appears within a period of two years from that date."

Article L. 217-5, I, of the French Consumer Code 

"The goods conform to the contract if they meet, in particular and where applicable, the following criteria:

1. They correspond to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability, or any other characteristic provided for in the contract; 
2. They are fit for any special use sought by the consumer, brought to the seller's attention at the latest at the time of conclusion of the contract and which the seller has accepted;
3. They are delivered with all accessories and installation instructions to be provided in accordance with the contract; 
4. They are updated in accordance with the contract."

Article L. 217-7, paragraph 1, of the French Consumer Code

"Lacks of conformity appearing within a period of twenty-four months from delivery of the goods, including goods with digital elements, are presumed, unless proven otherwise, to have existed at the time of delivery, unless that presumption is incompatible with the nature of the goods or of the defect invoked."

Article L. 217-12 of the French Consumer Code

"In the event of a lack of conformity, the consumer is entitled to have the goods brought into conformity by repair or replacement or, failing that, to a reduction of the price or termination of the contract, under the conditions set out in this sub-section.

The consumer is further entitled to obtain damages under ordinary law, in compensation for any loss caused by the lack of conformity."

11.2 Guarantee against hidden defects

The Customer may decide to invoke the guarantee against hidden defects within the meaning of Article 1641 of the French Civil Code. In that case, they may choose between termination of the sale and a reduction of the sale price, in accordance with Article 1644 of the French Civil Code. 

Article 1641 of the French Civil Code

"The seller is bound by the guarantee for hidden defects in the thing sold that make it unfit for its intended use, or that impair its use to such an extent that the buyer would not have acquired it, or would have paid a lower price, had they been aware of them."

Article 1648, paragraph 1, of the French Civil Code

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

11.3 Implementation 

Any claim under the legal guarantees is to be addressed to info@maisonola.com or to Maison OLA, 33 rue de Grenelle, 75007 Paris, France. The costs of returning a non-conforming or defective Product are borne by Maison OLA.

Article 12 - Liability

Maison OLA is automatically liable to the Customer for the proper performance of the obligations arising from the distance contract, in accordance with Article L. 221-15 of the French Consumer Code, whether those obligations are performed by Maison OLA itself or by other service providers.

However, Maison OLA may be released from all or part of its liability by proving that the non-performance or improper performance of the contract is attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure within the meaning of Article 1218 of the French Civil Code.

Maison OLA cannot be held liable for inconvenience or damage inherent to the use of the Internet, in particular a service interruption, an external intrusion or the presence of computer viruses, save for its own fault.

No provision of these T&Cs may have the effect of limiting or excluding Maison OLA's liability where the law prohibits it, in particular under the legal guarantees and the mandatory provisions of the French Consumer Code.

  

Article 13 - Personal data

Maison OLA, as data controller, collects and processes the Customer's personal data for the following purposes: management of orders, delivery, payments, returns and customer service (performance of the contract); compliance with its accounting and tax obligations (legal obligation); marketing and improvement of the Site (legitimate interest or consent, as applicable).

Data is retained for the period necessary for those purposes, and in particular ten (10) years for accounting records. It is intended for Maison OLA's internal departments and its processors (host, payment provider, carriers), who are bound by confidentiality.

In accordance with Regulation (EU) 2016/679 and French Law No. 78-17 of 6 January 1978 as amended, the Customer has rights of access, rectification, erasure, restriction, objection and portability, as well as the right to give directions concerning the fate of their data after their death. These rights may be exercised at info@maisonola.com or by post to Maison OLA, 33 rue de Grenelle, 75007 Paris, France. The Customer may lodge a complaint with the CNIL (3 place de Fontenoy, TSA 80715, 75334 Paris Cedex 07; www.cnil.fr).

Marketing communications

By subscribing to the Maison OLA newsletter or through our forms, the Customer agrees to receive communications from Maison OLA by email and/or SMS: new arrivals, exclusive access and selected offers. Consent may be withdrawn at any time via the unsubscribe link included in each email or by replying STOP to any SMS, without affecting the lawfulness of processing based on consent carried out before its withdrawal.

 

Article 14 - Intellectual property

All elements of the Site, whether visual, textual or sound, including trademarks, designs, photographs, logos and editorial content, are protected by intellectual property law and remain the exclusive property of Maison OLA or its rights holders.

Any reproduction, representation, modification or exploitation, in whole or in part, without Maison OLA's prior written authorisation is prohibited and constitutes infringement within the meaning of Articles L. 335-2 et seq. of the French Intellectual Property Code.

Placing a hyperlink to the Site's homepage for non-commercial purposes is permitted provided it does not harm Maison OLA's image. Any link must be removed on simple request from Maison OLA. 

 

Article 15 - Evidence and archiving

The computerised records kept in the systems of Maison OLA and its partners under reasonable security conditions are considered evidence of the communications, orders and payments between the parties.

Purchase orders and invoices are archived on a reliable and durable medium so as to constitute a faithful and durable copy within the meaning of Article 1379 of the French Civil Code. The Customer may access their invoice from their customer account or request it at info@maisonola.com.

Final validation of the order constitutes a signature and express acceptance of the operations carried out on the Site, in accordance with Articles 1366 and 1367 of the French Civil Code.

 

Article 16 - Partial invalidity 

If any provision of these T&Cs is declared void or unenforceable as a result of a legislative or regulatory change or a court decision, that invalidity will not affect the validity of the remaining provisions, which will remain fully applicable.

  

Article 17 - Governing law, mediation and disputes

These T&Cs are governed by French law. This choice of law may not have the result of depriving a Customer residing in another EU Member State of the protection afforded by the mandatory provisions of the law of their country of habitual residence.

17.1 Prior complaint

The Customer is invited to address any complaint to info@maisonola.com in order to seek an amicable solution.

17.2 Consumer mediation

In accordance with Articles L. 611-1 et seq. of the French Consumer Code, the Customer has the right to have free recourse to a consumer mediator with a view to the amicable resolution of any dispute with Maison OLA, following a prior written complaint sent to info@maisonola.com which has gone unanswered or received an unsatisfactory response, and within one year of that complaint.

17.3 Jurisdiction

Failing an amicable resolution, any dispute concerning the validity, interpretation, performance or termination of these T&Cs will be brought before the competent courts. The Customer may, at their choice, bring proceedings before the court of the place where they resided at the time the contract was concluded or at the time of the harmful event, the court of the place of actual delivery of the Product, or the court of the defendant's place of residence, in accordance with Article R. 631-3 of the French Consumer Code. 

 

Appendix 1 - Model withdrawal form

In accordance with Article R. 221-1 of the French Consumer Code. Please complete and return this form only if you wish to withdraw from the contract. This form is optional: any unambiguous statement is sufficient.

To Maison OLA, 33 rue de Grenelle, 75007 Paris, France (info@maisonola.com):

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods: 

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

Order number: ____________________

Description of Product(s): ____________________

Name of consumer(s): ____________________

Address of consumer(s): ____________________

Signature of consumer(s) (only if this form is notified on paper): ____________________

Date: ____________________

 

(*) Delete as appropriate.

 

 

Appendix 2 - Legal guarantees information box